Legal Guide

What you should know about compensation under the TAC

Involvement in a motor vehicle accident can be devastating – in addition to the immediate impact of an injury, there is the possibility of lost wages, ongoing medical treatment, permanent disability or disfigurement, psychiatric distress and more. If you have been injured in a road accident in Victoria, you are entitled to compensation from the Transport Accident Commission (TAC). The TAC is a no-fault insurance system which can provide compensation to victims irrespective of who caused the accident. However, it is often the case that the compensation initially offered by the TAC does not cover the full-range of losses experienced by victims of road accidents. For this reason, if you have been injured in a road accident, you should contact a firm like Henry Carus & Associates which has a proven track record of securing TAC compensation for victims well beyond the amounts initially offered. Here are just some of the forms of compensation that you may be able to secure from TAC.

Medical Expenses

The TAC covers a wide range of medical expenses stemming directly from the treatment of injuries. This includes hospital and ambulance bills, and also expenses related to accessing treatment. More than this, TAC also provides for indirect costs associated with ongoing medical disabilities, including home care, child care, counselling and assistance re-entering the work force with retraining if necessary. TAC can also contribute to costs related to renovations or modifications to homes and vehicles to accommodate wheelchairs.

Lost Income

People who become unable to work as a result of a road accident can receive compensation for lost wages if they are unable to work or if they are only able to work at a reduced capacity.

At-Fault Compensation

Even though the TAC is a no-fault system, compensation may be available for pain and suffering as a result of an accident caused by negligence or through the fault of another person. However, this is only an option in certain circumstances. First, it must be demonstrated that the accident was in fact caused by another person, and this may not always be easily done. Second, compensation for pain and suffering is only available to victims who have suffered what is considered to be a “serious injury.” Serious injuries are sometimes very self-evident – for example, things like long-term impairment or loss of bodily functions or loss of a foetus are automatically considered to be serious. However, other “serious injuries” include severe mental disorders, severe disfigurement, or a specified level of general “impairment.” In these cases, it can be a challenge to demonstrate the seriousness of an injury against an objectively given set of criteria.

While some forms of compensation from the TAC are straight-forward, the determination of eligibility for compensation for pain and suffering depends on the ability to demonstrate fault and the seriousness of the injury. In this case in particular, the expertise of an experienced law firm may prove invaluable to ensure that you receive the maximum settlement to which you are entitled.

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