Victoria uses a no-fault system for motor vehicle accidents where victims with serious injuries are covered regardless of who is responsible for the accident. This means that when a traffic accident occurs, Victoria’s Transport Accident Commission (TAC) is responsible for managing claims and providing compensation, regardless of who was to blame for the accident.
The parties who may file an injury claim with the TAC include anyone who is involved in an accident with a car, motorcycle, bus, train, or tram, and any person who is injured or dies as a direct result of the accident, the TAC’s website states. Damages that may be available in a claim for compensation from the TAC include lump-sum benefits for permanent impairments, replacement wages, payment of reasonable medical expenses, and payment for in-home assistance.
Although Victoria has no-fault vehicle insurance, that does not rule out civil claims in certain circumstances. That’s because while making a claim with the TAC is almost always a route to recovery, a victim who sustains severe injuries and was injured in an accident caused by another person’s fault may also bring a common law claim outside the TAC system for extra compensation. Common law claims may provide compensation for past and future lost wages, reduced wages, and compensation for all pain and suffering experienced as a direct result of the accident.
Whatever form they take, most Victorian car accident injury claims are settled well before a court hearing is necessary. The following considers why most are settled out of court.
Cases Are Well Researched
When you choose our law firm to help you with your claim you’re going to get solicitors who will thoroughly research your claim. This helps the claim get settled.
Car accident cases and injury settlements should be well researched. Research that lawyers may conduct on the behalf of their clients includes:
- Extent of injuries suffered
- Future damages the victim may suffer
- Economic losses incurred
- Non-economic losses incurred
- Details of the accident
- Details of vehicles involved and damage to the vehicles
- Degrees of fault of all parties involved
The lawyers at Henry Carus + Associates understand that you may be entitled to a wide variety of compensation, and can prove such when negotiating for a fair settlement amount.
Further, lawyers representing car accident victims are often experienced in the negotiation process and have learned how to approach negotiations and reach settlement agreements that fully compensate victims.
Henry Carus + Associates Knows the TAC and Other Insurers
One reason that injury claims are often settled out of court is due to the fact that experienced lawyers, such as those at Henry Carus + Associates, know the TAC and other Victorian insurers due to many years of experience representing motor vehicle accident victims in injury claims. Our experienced lawyers have developed working relationships with the TAC, making the negotiations process smoother. Further, the more experience a lawyer has in working with an insurer, the more ready he or she is when it comes to knowing how to negotiate, which tactics work best, how far an insurance company is willing to budge, etc.
Long Court Battles Are Expensive
It is usually beneficial for all parties involved to come to an injury settlement out of court because taking it to court can be a very drawn-out and time-consuming process, and can also be incredibly expensive. For an accident victim, a court battle can also be emotionally painful. Court battles are public, which can draw unwanted attention to an accident claim. For insurers, resolving disputes out of court is often preferable for all of these reasons.
Victims of car accidents are also often eager to see resolution. This is especially true if victims are waiting on financial compensation in order to pay off large bills they have incurred as a result of an accident. When this is the case, taking a claim to court is usually not ideal.
Insurers Have Made Commitments to Compensate Victims
Insurance companies in Victoria have a legal commitment to compensate victims of accidents. And because these benefits are payable regardless of fault, there is often no need to go to court. An injury victim does not have to prove negligence in order to recover compensation. But that is often not the end of the story. Indeed, the issue often then becomes proving the extent of damages. An experienced lawyer can assist with that process.
Lawyers, like those at Henry Carus + Associates, are trained to collect evidence, investigate claims, negotiate, and advocate aggressively on a victim’s behalf. Most of the time, a car accident victim who is pursuing compensation and who is represented by a lawyer will find that his or her case is resolved well before courtroom litigation is necessary.
Court Cases Are Very Unpredictable
Fighting a court battle can be risky. One of the good things about reaching an injury settlement out of a court and without a judge is that the parties have the opportunity to voice their opinions and agree, or disagree, about a potential settlement offer. In court, this is not always the case. While all parties may voice their thoughts and try to prove their position, the final decision is up to the judge. This can make all parties feel powerless.
Furthermore, the outcome of a court case can be very unpredictable. Often, no party wants to take the risk of going to court and having a claim be resolved in a manner that is even less ideal than the agreement they could achieve through an out-of-court settlement.
Contact Henry Carus + Associates Now to Discuss Your Options
If you have been involved in a car accident in Victoria, the team at Henry Carus + Associates is ready to help you file your claim with the TAC and negotiate for a fair settlement amount on your behalf. If it comes down to it, we are also prepared to represent you in litigation. To learn more about our experienced services, your rights after a car accident, and how we can help you, contact us by phone or online today.