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.
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:
Factors reducing the strength of your claim
The TAC has also been seen to reject claims for the following reasons:
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