Of the nearly half a million people who are hospitalised every year owing to injury, most are the result of transport accidents and falls.
The Transport Accident Commission (TAC) considers two criteria for accepting a claim. The accident must satisfy the legal definition of a ‘transport accident’. A transport accident is an incident arising out of the driving of a motor vehicle, car, tram or train. The injured individual is eligible for compensation under the Transport Accident Act 1986.
For your claim to be accepted, the TAC requires the transport accident to have been reported to the police and to the train or tram operator, depending on the particular case. The easiest way to claim is to contact the TAC on 1300 654 329 and complete a claim document over the telephone.
The TAC will send the claim document to you and you can contact Pentana Stanton Lawyers for free advice on your claim document to ensure the details are correct.
A claim for compensation must be lodged within 12 months of the date of the transport accident.
No fault benefits
Unlike claims of alleged medical injuries that require you to prove negligence in the court, injuries from transport accidents are covered by a no-fault compensation scheme, where fault is not a factor and you are entitled to the benefits stated below no matter who was responsible for the accident.
- Medical costs of injuries caused by the accident, including past and future treatment
- Loss of earnings from a long break in job or inability to work any more
- Costs of psychological symptoms and effects
- Material damages
In the event that the accident causes a fatality, the dependents can claim funeral costs and loss of support in the event that the deceased individual was the family’s principal breadwinner.
Documents to support your claim
A number of documents are needed to lodge a claim. They include:
- A medical report from a doctor that has been accepted by insurance carriers. The report must describe the injuries arising from the accident and the necessary treatment.
- An estimation of future medical costs that you will require.
- Invoices and receipts of medical treatment received by you.
- Financial records proving your earnings’ loss or inability to perform your job temporarily or permanently.
- Police reports lodged by the parties involved in the accident.
- A report stating any post-traumatic stress disorder arising from the accident.
- The value of the material damage you have suffered as determined by an accredited insurance loss assessor.
Factors reducing the strength of your claim
- Either you or passengers involved in the accident were not wearing a seatbelt.
- You were under the influence of alcohol or drugs.
- You performed certain actions that caused you to be distracted while driving, such as texting while operating the vehicle.
- You were not driving the vehicle in a secure way, which may have exacerbated the risk of accident
- You were not wearing a helmet whilst riding a motorbike or bicycle.
- If, as a passenger, you were aware that the driver had consumed alcohol or drugs before driving/riding the vehicle on the road.
The TAC has also been seen to reject claims for the following reasons:
- The injury/accident was unrelated to the transport accident.
- The injury/condition existed prior to the accident or the accident did not make it worse.
- The vehicle involved in the accident was not registered.
- The injured individual was the owner of an uninsured vehicle that was involved in an accident on private land.
- The injury was the result of a motorsports accident, for example, a speed test or an organised race.
Contact Pentana Stanton today
Proving a claim is not exactly a cakewalk either. Our experienced transport accident lawyers can assess the merits of your claim and recommend whether or not to take further action. If our assessment finds a damages claim to be viable, we file the application quickly and get to work building your case. This will include arranging written opinions from specialists around such issues as diagnosis, prognosis, work capacity and vocational capacity. We provide comprehensive email, in-person and mobile support to help you win a competitive amount in damages.
“No Win No Fee” Available Conditions Apply