Wangaratta Car Accident Solicitor - Victoria Compensation Claim Law

LAWYER HELPLINE: ☎ 1800 224 077

If you would like obligation-free legal advice or No Win No Fee representation in a claim for personal injury compensation, contact Wangaratta Car Accident Solicitors by calling the free helpline or submitting an online contact form.

Thanks to the Transport Accident Commission, set up by the government of Victoria and funded from the registration fees paid on vehicles in Victoria, should you find yourself in a traffic accident in Wangaratta then you will be pleased to know, whether the accident was your fault or not, that you may be entitled to various benefits and compensation that helps to cover the post-accident costs involved.

If the TAC accepts your Wangaratta car accident compensation claim, various payments and benefits are available to you, including reasonable costs in a number of areas including medical expenses, rehabilitation expenses, pharmaceuticals, loss of income benefits.

What Accidents are covered?

You will be pleased to know that you don’t just have to be a car driver or passenger to potentially benefit from TAC compensation. Benefits and payments are also available to people who are cyclists, motorbike riders, pedestrians, in fact anyone who is involved in any kind of transport accident in Victoria.

Transport Accident Compensation

The TAC provides a number of services for which compensation is available as a result of a Wangaratta car accident :-

TAC Claims Solicitors

Although it is not necessary to engage the services of a solicitor for dealing with a Wangaratta car accident claim to the TAC, it is advisable. The legislation that relates to the compensatory powers held by the TAC is complicated, and in many ways dealing with the TAC is like dealing with an insurer. Therefore they may not always have your best interests at heart.

A solicitor will be more knowledgeable with regards to the necessary legislation, and is more likely to have your best interests at heart than will the TAC. A solicitor will also have a greater knowledge of your entitlements and how to claim than you will, and therefore they can be invaluable in making sure that you get the maximum benefits and payments, even if they themselves will cost you some more.

Engaging the services of a solicitor becomes even more important should the TAC reject part of or your entire claim. The solicitor will be more familiar with the appeal process and with how to appeal, including any technical grounds that you may have for appeal.

Accident Fault

Different rules and entitlements apply whether the Wangaratta car accident you were involved in was your fault or not. There are a series of “No Fault” benefits which are available in those cases, which include medical expenses, compensation for injuries, and loss of wages.

If the Wangaratta car accident was not your fault then the full range of benefits and compensation may be available to you. In particular, you may be able to apply for what is known as Common law compensation, a payment that is not available to those to whom blame was apportioned for the accident. Access to common law damages also depends on the severity of your injuries.

Time Limits

It is worth being aware that there are time limits with regard to claims to the TAC. In particular, the initial claim should be made within 12 months of the date of the accident. This can be extended to 3 years but only in exceptional circumstances.

If the TAC makes a decision that you are unhappy with or refuse all or part of your claim, then you have 12 months from the date of the TAC decision (not the date of the accident) in which to appeal that decision. If you have not already appointed a solicitor for your claim, it is highly recommended that you do so for your appeal, as a solicitor will understand the legislation more thoroughly, the grounds on which you have been refused, as well as the grounds on which you may appeal.

If you suffer from a permanent t injury from your accident, then you have 6 years in which to apply for impairment benefits, also from the date of the accident. The 6 year limit also applies if you wish to apply for Common law compensation. A solicitor will be able to advise on situations as to when this is appropriate.

Although some of these limits can be extended, you should not presume that they will be in your case, and you should try your utmost to apply on time.

Medical Expenses
Ambulance services are available, for either transport between hospitals or to a hospital from the scene of an accident.

The TAC will also pay for treatment at most hospitals, whether rehabilitation or a public or private hospital.

Visits to doctors (either a specialist doctor or the family doctor) are also potentially covered by the TAC, as are home visits by nurses after a discharge from hospital for extra treatment.

Should your condition require specific drugs from a pharmacist, then payments from the TAC may be able to cover the cost of those drugs if they are necessary for your treatment and recovery.

Therapeutic services such as physiotherapy and psychology are also covered by the TAC, as well as dental service to restore teeth damaged by an accident and the repair and replacement of artificial aids such as hearing aids and glasses.
Income Benefits
If you are unable to work after your accident, then there are benefits designed specifically for this. If due to a permanent injury or if your injuries are serious enough that you are unable to work after the accident, then you may be entitled to what is known as earning capacity benefits as a result of being unable to work.

If you are only unable to work in the short term, then during that period income support payments may be made. This also may include help with a return to work program including rehabilitation or disability services to help you back to work.
Travelling Expenses
The TAC is able to reimburse reasonable costs for the cost of travelling to and from hospital appointments and other appointments necessary for your treatment, usually by private car or public transport, although exceptionally by taxi.
Household Support Services
For some people after an accident, due to their injuries household chores may be particularly difficult. In these cases the TAC may be able to pay for someone to come and help with these tasks for a short time, such as cleaning, gardening and vacuuming.
Death Benefits
If someone dies as a result of an accident, the TAC may be able to help with burial or cremation costs, counselling services for those left behind, or the financial support of dependents. In each case this will depend on the circumstances of the family.
Childcare
The TAC may be able to help to fund a carer in cases where childcare is necessary due to hospital appointments of other appointments for treatment and recovery.