Road Injury and TAC Lawyers

If you've been injured, ensuring the paperwork is done may not be as urgent as medical treatment, but it could make a big difference in the long run. Many people miss out on compensation because they don't think to lodge their claim with the TAC quickly. It is only natural to report the accident to the police and seek medical help. But it's often the requirement to report it to the TAC that catches people out.

The reason for the urgency is that the TAC imposes a 12-month deadline for notifying them of an injury claim. You may have a serious road injury, in which case your doctor or the hospital will likely ensure your claim is lodged. But if your injury appears to be less serious, a failure to report it to the TAC will mean that you will miss out altogether on financial compensation and even on reimbursement of medical expenses.

In completing the claim form a person needs to include every injury that you’ve suffered even if it's just a cut or a bruise.

The reason for that is that down the track what might have seemed the lesser injury or even an insignificant injury might manifest itself in a more serious way and to the point where the problem is giving the person problems and is needing treatment.

But if the TAC has not been made aware of that injury from the outset they're likely to resist acceptance of liability for the injury if it wasn't on the claim form in the first place. They will ask the obvious question: “Well how do we know this was related to the accident?”

For more on listing all your TAC injuries, read our blog: Why it's important to list all your injuries on a TAC Claim form.

TAC compensation is available for all injuries suffered as a result of transport and road accidents. Types of injuries we have won compensation for include the following:

• brain damage 
• back and neck injury, including whiplash
• spinal surgery 
• nerve damage and scarring
• psychological and mental injury 
• musculoskeletal injuries 
• arm, hand and leg injuries
• loss of a limb or limb function
• loss of eyesight or hearing

The TAC will often seek to deny liability for some or all of the injuries which a person suffers in the accident. For example, TAC may send you a letter stating that it has determined that you suffered from a pre-existing injury or condition and for that reason, you are not entitled to TAC benefits for the claimed injury. However, the TAC is liable for aggravations to pre-existing conditions, as long as it can be established that the transport accident caused the aggravation.

If you are going to pursue a lump sum claim whether it be fault or no fault, further medical examinations by specialists appointed by either your lawyer or by the opposing party will be necessary. This is unavoidable and is a reality in most, if not all cases.

It is quite rare for someone to be put under surveillance merely for lodging a TAC claim. This would only be done in a small minority of cases (usually where there is a strong suggestion of fraud). It can be unnerving and intrusive. However you should remain aware that your social media activity may be used as evidence if your compensation claim is disputed by the insurer due to suspicion it is fraudulant. 

Each injury is different, each persons circumstances are different and there is no end to the variations in different cases. Your friends or family may have had some experience with the compensation system but this does not mean they will be able to provide you with accurate advice. Friends and family are great support networks to help you get through difficult times, but they are not the best place to seek legal advice.

Yes. Many people assume that an accident must have been caused by negligence. But in Victoria, we have a no fault scheme. This applies to both the TAC scheme as well as WorkCover. Just because there is no fault on behalf of another driver it does not mean that you will not get your medical expenses and weekly payments paid. In many cases you will also still be entitled to receive a lump sum should your injury meet certain criteria.

With very few exceptions, the test as to whether you are entitled to compensation is very straight forward. If you have been injured in an accident of any kind involving a motor vehicle on a public road, you will usually be entitled to, at a minimum, coverage of medical expenses.

This is a very commonly held belief both before and after a client has read the cost agreement. It is illegal for a lawyer in Victoria to charge a percentage of a settlement sum. If a case is taken on a "no win no fee" basis then the lawyers are entitled to charge an additional amount which is a percentage of the costs incurred by the lawyer and not of the settlement or judgment amount.

At no time is a lawyer allowed to charge a percentage of the settlement sum and if your lawyer tells you this you should be making a complaint to the Law Institute of Victoria or at minimum seeking advice on your costs elsewhere as soon as possible.

For example, if a lawyer says to you: "So Bob, we've settled your case for $200,000. We are charging you 25% of the settlement, so your bill is $50,000", then this is illegal.

If however your lawyer says: "Bob, we've settled your case for $200,000. We have done $22,000 worth of work and can charge you an additional 25% of the $22,000 on top. So your bill is $27,500", then this is acceptable. All potential fees should be made clear to you in a cost agreement before your lawyer begins incurring costs.