HAVE YOU BEEN INJURED IN A Car Accident?
Let us get you the compensation you deserve
Have you been injured in a car accident?
If you’ve been in a road accident as a car driver or passenger, you may be able to claim compensation from the TAC regardless of who was at fault.
1: GET MEDICAL ATTENTION
Your priority is to seek medical attention from your doctor and report all injuries, no matter how minor they may seem.
Ask your doctor to complete a TAC medical certificate detailing all of your injuries, any limitations on your capacity to work and any treatment or services you may require for your injuries.
2: CALL THE TAC ON 1300 654 329 AND ASK TO MAKE A CLAIM.
Alternatively, you can call an expert car accident lawyer like Carbone Lawyers, and they will handle the whole process for you – No Win, No Fee.
Every registered vehicle in Australia has Compulsory Third Party (CTP) insurance included in the cost of registering a vehicle. This money is used to compensate anyone injured in an accident. In Victoria, the Transport Accident Commission (TAC) administers this process.
All road users, including drivers, passengers and pedestrians injured on the road, can claim against the TAC for medical and other expenses. They may also pay benefits to the family or dependents if someone has died in the accident.
Who can claim compensation, damages or benefits?
- Any driver or passenger injured in an accident involving a car, ute, van, or truck, regardless of cause or fault.
- A worker who’s been injured while operating a registered vehicle.
- A worker injured while operating work-related vehicles like forklifts, tractors or quad bikes.
Injuries that are covered by compensation
A road accident is a traumatic and stressful event for the people directly involved and their loved ones. Injuries can be physical and psychological, and some can have a long-term impact on the quality of life. These include injuries such as:
- Spinal cord injuries
- Whiplash injuries to the head, face, neck, shoulders or back
- Numbness or pins and needles
- Lower back injury and sciatica
- Broken or fractured bones
- Brain injuries
- Soft tissue injuries
- Shock and psychological trauma
- Scarring
What car accident injury compensation may cover?
- Doctor, hospital and ambulance fees and pharmaceuticals
- Rehabilitation and disability services
- Help to return to work or re-training
- Home and vehicle modifications
- Home help services like child care, cleaning, gardening and school tutoring
- Psychology and family counselling
- The cost of travel to and from medical appointments
- Travelling and accommodation expenses for a spouse / dependent children in certain circumstances
- Funeral expenses
- If your injury is severe and permanent, you may be entitled to compensation for pain, suffering, and permanent impairment.
Common law rights
In addition to your right to claim ‘No Fault Benefits,’ you may also be entitled to claim damages at common law. Damages include compensation for your pain and suffering, loss of enjoyment of life, and past and future loss of earnings.
The common law entitles you to claim damages if you can establish that:
- You have a ‘serious injury’ within the meaning of the law, and
- The accident was due to another party’s negligence or fault (at least in part).
Serious Injury
Before you can bring a common law claim, you must first satisfy the TAC or a Judge of the County Court of Victoria that you have suffered a ‘serious injury’. The Transport Accident Act defines serious injury as:
1. An impairment assessment of 30% or more made by the TAC or VCAT;
or
2. The TAC or a Judge of the County Court of Victoria grants you a ‘Serious Injury Certificate’ on the basis you have:
a) serious and long-term impairment or loss of a body function (physical injury); or
b) permanent and serious disfigurement (scarring); or
c) severe long-term mental or severe long-term behavioural disturbance or disorder (psychiatric or psychological injury); or
d) loss of a foetus.
Either or both an inability to perform your regular occupation (if applicable) and/or restrictions in your ability to carry out social and domestic activities are considered when determining whether your injuries are deemed to be serious.
Determining whether you fit within one or more of these categories requires a detailed analysis of the medical evidence in your case. Carbone Lawyers can guide you through this process from start to finish.
Time Limit
You have six years from the date of your injury to commence a serious injury application/common law claim by lodging a Serious Injury Application with the TAC.
See TAC Claims for more details.
We understand that if you are suffering from the trauma and pain of an accident, making a compensation claim may seem overwhelming or intimidating. Carbone Lawyers can handle every aspect of your claim for motor vehicle accident injury compensation and get you the compensation you deserve. And remember, our no win, no fee policy means no risk to you.
Suffered Another Type Of Accident?
FAQs for Car Accident Claims
What should I do immediately after a car accident?
Get to safety and seek medical attention, report the accident to the police, document the scene (including gathering witness statements and contact details), and notify your insurance company. Then consider reaching out to the experts at Carbone Lawyers for the best chance at receiving the compensation you deserve.
Am I eligible for compensation if I was partially at fault for the accident?
Yes, you should still be eligible for compensation for expenses relating to injuries incurred from the accident regardless of fault under Victoria’s compulsory third-party insurance.
What types of damages can I claim for a car accident?
You can claim for expenses related to the injury caused by a car accident under the TAC, though many other expenses will be a matter for insurance or potentially claiming damages under common law if another party was at fault for the accident.
How long do I have to file a car accident claim?
You generally have 12 months from the date of the accident for ordinary claims or six years from the date of the accident to file a serious injury claim through TAC, but it’s best to start the process as soon as possible and this figure will differ for other claim types. Reaching out to Carbone Lawyers in a timely manner will help ensure you meet all necessary deadlines.
What evidence do I need to support my car accident claim?
Your evidence required will differ based on the type of claim and details of your case but examples of required evidence include medical records, police reports, witness statements, photos of the scene, and expenses incurred as a result of the accident.
