Transport accident injuries can be very serious.
In Victoria, you may have entitlements to compensation pursuant to the Transport Accident Act 1986 by lodging a claim with the Transport Accident Commission (TAC). This scheme is designed to assist people who have been injured in accidents which involve motor vehicles, motorbikes, trams and trains. This is a “no fault” scheme which provides compensation regardless of fault.
The types of benefits which you may be entitled to claim include:
- Medical, rehabilitation and support services;
- Loss of earnings;
- Lump sum compensation for permanent injuries.
If you have been injured in a transport accident by virtue of the negligence of another person, you may be able to seek further compensation by way of what is called a “common law” claim.
There are a number of criteria which you need to meet to pursue this type of claim. First and most importantly, it must be shown that you are suffering from what is defined as a “Serious Injury”.
Compensation available at common law includes pain and suffering and loss of earnings damages. You should seek legal advice regarding the benefits which may be available to you.
Three things you need to do when injured in a transport accident:
- Report the accident to the police;
- Obtain Certificate’s of Capacity from your doctor (if unable to return to work)
- Lodge a TAC claim form within 12 months of the accident.
It important to seek legal advice as soon as possible, so you can be fully informed of what to expect when dealing with the TAC and to ensure you obtain the best possible outcome in the circumstances. In the event you have an accepted claim, there will be decisions made by the TAC regarding your ongoing entitlements. If a decision is made which reduces, ceases or limits your entitlements you should seek prompt advice, as any application to review that decision must be made within 12 months of the decision.
Contact us for more information or for legal advice specific to your situation.