Transport Accident
A person, who is injured in a transport accident (involving a motor vehicle, motorcycle, train, tram, etc.) in Victoria, or interstate involving a Victorian resident and a Victorian registered vehicle, or a non-Victorian resident in a Victorian registered vehicle, will be entitled to claim a range of benefits under the Transport Accident Commission (TAC) Scheme.
An injury can be new, or a worsening of a pre-existing condition and may be physical and/or psychological.
No-fault benefits
A person who is injured in a transport accident is entitled to claim benefits regardless of how the accident occurred or who was at fault.
The no-fault benefits include:
- Medical and treatment services: ambulance, hospital, medical specialists, pharmacy, dental, etc.
- Other services: home modification, medical equipment, travel to medical treatments, child care, home services, gardening, etc.
- Weekly payments: a person working at the time of the accident may receive up to 80% of their income for a limited period.
- Lump sum impairment: a person, who suffers a permanent physical and/or psychological injury and provided that injury meets a minimum impairment threshold, is eligible to receive a lump sum benefit.
Death benefits
Depending on the family’s circumstances, a person who loses a family member as a result of a transport accident, may claim the following benefits:
- support with funeral costs
- counselling services
- financial support for dependants
- lump sum payment for a dependent spouse or partner and for dependent children.
Common law damages
A person who can show that the accident was caused or partly caused by the fault or negligence of another party, usually another motorist or road user, may also be eligible to claim common law damages payment for financial loss and/or pain and suffering and loss of enjoyment of life.
- To be eligible to make a common law claim, the accident related injury must also meet a "serious injury" threshold.
- In the most severe cases, the maximum amount of damages for pain and suffering is $487,100.
- In the most severe cases, the maximum amount of damages for financial loss is $1,096,020.
STRICT TIME LIMITS APPLY
The law sets strict time limits within which you must begin legal action. If you do not make your claim within the time constraints, you could lose all the rights to your entitlements.
