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INJURY COMPENSATION LAWYERS IN MELBOURNE

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Car Accident Lawyers

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If you need help to make a claim after a car accident, our lawyers offer specialised services for motor vehicle accident claims.

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You can rely on our team to confidently negotiate on your behalf after a motor vehicle accident.

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A dedicated team with a track record of success in Melbourne traffic accident cases.

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Need Help With Making A Claim After A Traffic Accident?

If you’ve been injured as a driver, passenger or pedestrian, book a chat with one a Melbourne car accident lawyer from the National Compensation team today.

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Get Support From Our Highly Experienced Car Accident Lawyers

If you’ve been hurt in a car accident as a driver, passenger, pedestrian or cyclist, you might qualify for compensation. Our transport accident lawyers provide personalised advice to determine your eligibility for a claim. Car accidents are only one type of transport accident for which a claim may be made. A transport accident is any accident involving a motor vehicle, including a car, truck, motorcycle, train, bus, or tram. Pedestrians and cyclists can also be entitled to claim benefits.

Compensation in Victoria is paid by the Transport Accident Commission (TAC), a Government organisation that supports people injured in transport accidents. Other States have similar Authorities. However, different rules apply. We encourage you to contact National Compensation Lawyers to discuss your specific circumstances, whether it is for a car accident or any other motor vehicle.

Making Car Accident Claims In Melbourne

The TAC is a “no fault” scheme. It does not matter whether you caused the accident or whether you can identify the other motor vehicle or driver involved.

Compensation can include:

  • Medical and hospital expenses which include nursing, disability costs, rehabilitation and support costs.
  • Loss of earnings/earning capacity.
  • Lump sum compensation for permanent injuries suffered.
  • Benefits following the death of a family member.

For those injured in a transport accident where the fault is that of another motor vehicle user, you may also have a Common Law damages claim against the offending driver for your:

  • pain and suffering
  • loss of enjoyment of life; and
  • past and future loss of earnings.

Strict time limits apply when lodging a TAC claim. Normally, a claim must be lodged within 12 months from the date of injury. There are some exceptions where this can be extended—see our FAQ section.

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Work With Our Specialist Motor Vehicle Accident Lawyers For Your Best Chance of Success

The Law surrounding TAC claims is complex. The TAC will not provide you with independent legal advice or assist you in getting your full compensation benefits. In fact, they will likely be advised by their own solicitors. If you have been injured in a transport accident, you need expert advice regarding your rights and entitlements. We provide this advice and progress your claim to ensure the prompt payment of medical bills, loss of income, lump sum payment and other compensation entitlements.

In addition to motor vehicle accidents, our lawyers can assist with compensation for work injuries, medical negligence, ComCare, personal injury claims and public liability. Arrange a free consultation in Melbourne for personalised advice on your case.

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Pedestrian, Cyclist & Car Accidents

Empathetic guidance and representation for accident-related injuries, ensuring your right to access compensation is protected.

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Comprehensive support and legal representation for claims related to injuries sustained in public transport accidents.

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Dedicated support for motorbike riders seeking to make a claim after being injured in accidents.

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Specialised assistance in navigating TAC claim procedures to ensure you receive the support you need.

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Expertise in identifying and maximising potential sources of TPD compensation after a serious accident or injury.

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Providing compassionate legal support if a loved one or family member dies, helping you to access financial support during a very difficult time.

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Who Can Make A Car Accident Compensation Claim?

The Transport Accident Commission (TAC) is a Victorian government-owned organisation. Its function is to provide compensation and support to those injured in transport accidents that occur in Victoria or, in some circumstances, Interstate.

If your car accident occurred in Victoria, a TAC claim can be made, if:

  • a person is involved in an accident caused by the driving of a car, motorcycle, bus, train or tram; or
  • a person is injured or dies as a result of the accident.

Those who can claim include:

  • those injured in road accidents caused by the driver of a car or motorcycle;
  • those injured in public transport accidents by the driving of buses, trams or trains;
  • passengers to road or public transport accidents;
  • in some situations, cyclist, e.g. victims of car-dooring;
  • in some situations, pedestrians;
  • dependents of those who have died in an transport accident.

If you were involved in an interstate accident, you may still be able to make a TAC claim, when:

  • a Victorian resident is injured or dies in an Interstate transport accident involving a Victorian registered vehicle; or
  • a non-Victorian resident is injured or dies in an Interstate accident and is an occupant of a Victorian registered vehicle.

If you were involved in a transport accident that occurred outside the State of Victoria, however, you do not fit in the above categories. Your rights and entitlements may be governed by the Laws of other States and Territories that have similar authorities.

To understand your rights further, obtain further advice, or arrange an obligation-free consultation with a lawyer, please call us on 1300 942 139.

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How Does The Claims Process Work?

After suffering an injury in a transport accident, it is important you act quickly to:

  • report the accident and injuries to the Police, or if an accident involves a tram or train, to the public transport corporation;
  • lodge a claim with the TAC by calling 1300 942 139;
  • obtain a medical certificate on the required TAC form (this can be obtained from the hospital to which you were admitted or your treating doctor).

It is important to act quickly when injured, as you only have 12 months from the date of the accident to lodge a claim with the TAC. For those injured before their 18th birthday, you have 12 months from your 18th birthday to make a claim. In some exceptional circumstances, this time period can extend to 3 years, however, not thereafter.

What Happens Once I Submit A TAC Claim Form?

Once you have submitted your TAC Claim, the TAC, within 21 days, must either:

  • accept or reject your claim; or
  • request you provide further information or be medically examined by a doctor of their choice; or
  • request further information from another person, e.g. your treating doctor.

After receiving the information requested, the TAC has 14 days to notify you of their decision.

If the TAC rejects your claim for compensation or makes a decision which negatively affects your rights, you can appeal their decision to the Victorian Civil and Administrative Tribunal (VCAT) Application to VCAT is to be made within 12 months from the date of TAC decision.

If you are not happy with the TAC’s decision or wish to obtain further advice, please call 1300 942 139 for an obligation-free consultation with a lawyer.

What Benefits Can I Claim?

Where you have an accepted TAC compensation claim, the TAC provide a range of “no-fault” benefits. These benefits are payable to those injured regardless of whether they caused the accident. Your “no-fault” benefits include:

  • loss of earnings/earning capacity benefits;
  • medical and rehabilitation expenses;
  • an Impairment Benefit for permanent injuries suffered.

If you are unable to work as a result of a transport accident, you can claim for your loss of earnings and earning capacity benefits. There are two important time periods you need to be aware of:

  • loss of earnings benefits – the first 18 months after the accident;
  • loss of earning capacity benefits – the period 18 months post-accident to 3 years after the accident.

At the expiration of 3 years from the date of the accident, your loss of earning capacity benefits will cease unless you have been assessed as suffering a permanent impairment of 50% or more. For more information on permanent impairment claims, please refer to our permanent impairment section.

What Are 'Loss of Earning' Benefits?

For those injured in an accident who were employed or self-employed at the date of the transport accident or had worked in the previous 2 years before the accident, you can claim for loss of earning benefits.

The TAC will pay loss of earning benefits at the rate of 80% of your pre-accident weekly earnings for the first 18 months after your accident.

If you are partially incapacitated for work, the TAC will pay you at the rate of 85% of the difference between your pre-accident weekly earnings and the current wage you are receiving.

To be entitled to loss of earning benefits, you are required to provide and continue to provide the TAC with medical certificates detailing your incapacity to work.

Loss of earning capacity benefits

An injured person can seek benefits for loss of earning capacity from 18 months after the accident to 3 years after the accident.

You will be required to provide the TAC with medical certificates confirming your inability to work.

The TAC will pay loss of earning capacity benefits at the rate of 80% of your pre-accident earning capacity (with a maximum amount payable).

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What Type Of Medical And Rehabilitation Expenses Can I Claim?

The TAC has an obligation to pay “reasonable” medical and like expenses. There is an initial excess which must be paid prior to the TAC taking responsibility for medical expenses. This medical excess does not apply if you were admitted to the hospital post-accident. All accident-related accounts should be sent directly to the TAC for payment.

The payment of medical and related expenses continues for as long as needed. However, the TAC will stop or choose not to pay when no progress is evident or when the medical treatment does not clearly benefit the patient.

Medical and like benefits include:

  • medical services, e.g. attendance by ambulance at the accident scene and transport to the hospital;

  • hospital services, e.g. attending the Emergency Department or being admitted to a ward;

  • nursing services, e.g. attendance at home;

  • physiotherapy services;

  • rehabilitation and disability services;

  • travel to and from treatment, a rehabilitation service or an approved programme of disability service;

  • orthopaedic services;

  • swim/gym programmes;

  • funeral expenses;

  • home and vehicle modifications;

  • prosthetic equipment;

  • counselling services;

  • psychiatric services;

  • attendant care services.

Am I Eligible For A Lump Sum Compensation Payment For Permanent Injuries Suffered In A Traffic Accident?

A person injured as a result of a transport accident can claim lump sum benefits as part of compensation for their pain and suffering.

To be entitled to an impairment benefit, you have to meet the following criteria:

  • you have suffered a permanent injury which has stabilised;
  • You have been assessed as suffering a whole-person impairment of greater than 10% when assessed with the relevant Guides.

The impairment benefit scheme and lump sum compensation is quite modest. The lump sum payment is paid on a rising scale for each per cent greater than 10%.

Can I Make A Claim Against The At Fault Party Under Common Law?

A person injured in a transport accident may have a further right to seek damages at Common Law. Common law claims require the injured person to prove the negligence/fault of another party, at least in part.

Under Victorian Law, you can make a claim for damages at Common Law if you have suffered a “serious injury“. A serious injury is defined as:

  • a permanent impairment of 30% or greater;
  • a serious long-term physical impairment or loss of body function;
  • a serious disfigurement;
  • a severe long-term mental disturbance;
  • loss of foetus.

An injured person can also sue for damages; which include:

  • damages for pain and suffering and loss of enjoyment of life;
  • damages for loss of earnings and earning capacity,

A claim for damages at Common Law is to be commenced within 6 years from the date of the accident or recognition of injury.

In bringing a Common Law claim, a significant amount of preparation is required. We encourage you to contact our highly experienced lawyers as early as possible to understand whether an avenue for a Common Law claim exists for you.

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Cyclists, Public Transport and Pedestrian Accidents

Bicycle Claims

If you are a cyclist injured in an accident caused by:

  • an open or opening of a car door; or
  • the driving of another motor vehicle, such as swerving to miss a collision/incident;

then compensation is available through the TAC.

Unfortunately, there is a growing trend of cyclists injured in car-dooring incidents.

To ensure your rights are protected and benefits paid, please contact 1300 332 853.

Public Transport Accidents

Those injured while travelling on public transport have a right to claim compensation through the TAC.

Should you be injured, you should immediately report the incident to the operators responsible for the public transport service. Further, seek medical assistance reporting the injuries suffered.

To make a claim with the TAC, please refer to our claims process for further information.

Pedestrians

If you are a pedestrian injured as a result of the driving of a car, motorcycle, bus, train or tram, you may have further benefits available under the TAC Scheme.

To understand whether you are eligible contact this office on 1300 942 139.

Contact us for a free consultation today

Arrange an obligation-free consultation with one of our highly experienced lawyers, please call us on 1300 942 139.

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Step #1 Complimentary Consultation

Get a free claim assessment and understand if you can pursue a car injury compensation claim.

Step #2 We'll Build Your Case

Our team will work with you to create a personalised legal plan to ensure the best possible outcomes for your car accident injury claim.

Step #3 Secure the Compensation You Deserve

We’ll advocate for your rights each step of the way and fight to secure your rightful compensation after a car accident related injury.

Transport Accident Frequently Asked Questions

The Transport Accident Commission (TAC) is a Government organisation established under the Transport Accident Act 1986. Its purpose it to support and pay various benefits and compensation to people injured in transport accidents. A portion of your vehicle registration fees fund its work.

The TAC does not provide independent legal advice or assist you in maximising your compensation benefits. The TAC is advised by its own solicitors. You should obtain independent legal advice from a National Compensation lawyer experienced in this field.

The TAC covers those injured in transport accidents in Victoria, or by a Victorian registered vehicle, including:

  • those injured (drivers and passengers) in road accidents caused by the driving of a car or motorcycle;
  • those injured in a public transport accident caused by the driving of buses, trains or trams;
  • in some situations, pedestrians;
  • in some situations, cyclists;
  • dependants of those who have died in a transport accident.

If injured in a transport accident, it is important you act quickly to:

  • report the accident and injuries to the Police;
  • lodge a claim with the TAC by calling 1300 654 329;
  • obtain a medical certificate on the required TAC form from the hospital you were admitted to or your treating doctor.

It is important to act quickly when injured as you only have 12 months from the date of accident to lodge a claim with the TAC. In some exceptional circumstances this can extend to 3 years, however, not thereafter.

Yes. After sustaining injury in a transport accident, every effort should be made to lodge a claim for compensation with the TAC within 12 months from the date of accident. In some exceptional circumstances this can be extended to 3 years. If a person was less than 18 years old when an injury was suffered, a claim must be made by the day before they turn 21. Should you have an active TAC claim and the TAC make a decision that negatively affects your entitlements, a Dispute Application must be lodged with VCAT within 12 months from the date of decision. This is a complex Application and advice should first be sought from National Compensation Lawyers. A claim for damages being your “pain and suffering” and “loss of earnings” (i.e. a common law claim) as a result of the fault of another party must be made within 6 years from the date of accident or recognition of injury. For those under the age of 18 at the time of suffering injury, 6 years from the date you turn 18. There is considerable preparation required with such a claim and you should contact National Compensation Lawyers as early as possible to ensure the appropriate material is gathered on your behalf.

Should the TAC accept your claim, you may be able to claim compensation which includes:

  • your loss of earnings/earning capacity;
  • your medical, hospital and rehabilitation expenses;
  • an Impairment Benefit for permanent injuries suffered;
  • your nursing and disability services;
  • attendant care;
  • income support;
  • home and vehicle modifications;
  • education support services;
  • your pain and suffering and economic loss in situations where you can establish the fault of another party, or at least in part.

If you are unable to work as a result of a transport accident, you can claim for your loss of earnings and earning capacity. There are two important time periods you need to be aware of:

  • loss of earnings benefits – can only be claimed for the first 18 months post-accident (subject to monetary limitation);
  • loss of earning capacity benefits- can only be claimed for the period 18 months to 3 years post-accident (subject to monetary limitation).

At the expiration of 3 years from the date of the accident, your loss of earning capacity benefits will cease unless you have been assessed as suffering a permanent impairment of 50% or more. For more information on permanent impairment claims, please see below.

The TAC has an obligation to pay “reasonable” cost for medical attention and like expenses. There is an initial excess which must be paid prior to the TAC taking responsibility for medical expenses. This medical excess does not apply if you were admitted to the hospital post-accident.

The payment of medical and like expenses continues for as long as needed and includes:

  • medical services;
  • hospital services;
  • nursing services;
  • physiotherapy services;
  • rehabilitation and disability services;
  • travel to and from treatment, a rehabilitation service or an approved programme of disability service;
  • orthopaedic services;
  • swim/gym programmes;
  • funeral expenses;
  • home and vehicle modifications;
  • prosthetic equipment;
  • counselling services;
  • psychiatric services;
  • attendant care services.

If you disagree with a decision made by the TAC in administering your initial claim, you can appeal the decision to the Victorian Civil and Administrative Tribunal (VCAT). An application to VCAT is to be made within 12 months from the date of the TAC decision.

Please get in touch with National Compensation Lawyers at this stage to ensure proper dispute channels are complied with – we offer a no-obligation consultation and can assist you with making an appeal.

If you have suffered a permanent injury, you can claim lump sum benefits as part of compensation for pain and suffering.

To be entitled to this benefit, you have to meet the following criteria:

  • you have suffered a permanent injury which has stabilised;
  • you have been assessed as suffering a whole-person impairment of greater than 10% when assessed with the relevant Guides (see below).

A transport accident victim’s permanent impairment is assessed in accordance with the American Medical Association Guide to the Evaluation of Permanent Impairment 4th Edition. The extent of the impairment is then used to calculate the amount of the lump sum payment on a rising scale from 10%.

The Victorian WorkCover Scheme covers your initial entitlements. However, if you are injured travelling to or from work, you may be covered by the Transport Accident Commission. Further, you may have common law rights to compensation.

If another person’s negligence was a cause of your injuries, you may be able to bring a claim for damages being your “pain and suffering” and “loss of earnings” (a common law claim).

To receive compensation, however, you need to show you have suffered a “serious injury”. This test is quite complex, and we encourage you to contact National Compensation Lawyers to discuss it further. Do not make your own assessment of negligence or your “serious injury”; it’s important to talk to an experienced car accident lawyer.

You may still be able to claim compensation benefits, including:

  • loss of earnings/earning capacity;
  • medical and like expenses; and
  • lump sum compensation for permanent injuries suffered.

If a Victorian resident is injured or dies in an interstate accident involving a Victorian-registered vehicle or was the occupant of a Victorian-registered vehicle, then a car accident claim can be made with the TAC.

Most other states and territories have similar Authorities that govern compensation claims. However, these may have different rules, so we encourage you to contact National Compensation Lawyers to discuss your specific circumstances.

It does not matter if you cannot identify the vehicle or driver involved in the accident. You can still make a motor vehicle accident claim under the TAC scheme if you’ve been hurt due to a car crash or road accident injury.

Yes. Cyclists are covered if their injuries have occurred as a result of a motor vehicle, motorcycle, bus, tram or train. For example, if a cyclist is injured whilst swerving to avoid a car or the opening of a car door, you can claim compensation for the injuries sustained.

Yes. The TAC covers pedestrians who suffer injuries caused by someone else driving a motor vehicle, motorcycle, bus, tram, or train – anywhere in Victoria.

Yes. If you are injured on public transport, you have a right to claim. You should immediately report the incident to the service operators and then speak to an experienced law firm who specialises in claims for road accident injuries.

To make a TAC claim, obtain further advice, or arrange an obligation-free consultation with a specialist car accident lawyer, contact us today