Reasons the TAC Rejects Road Accident Claims

Victoria’s Transport Accident Commission (TAC) is the government scheme set up to compensate people who are hurt in road accidents. Benefits are available from the TAC regardless of fault, meaning that medical benefits will be paid to an injured person regardless of who caused the accident. The TAC may pay additional compensation to individuals who suffer “serious” injuries in an accident that was at least partially someone else’s fault.

The TAC can be complex and difficult to navigate and there are even situations in which a valid claim is denied or the compensation paid out is less than what the victim deserves under the law.

That’s where Henry Carus + Associates can help. Our experienced legal team understands how the TAC works and what is necessary for someone hurt in a road accident to recover maximum compensation.

At Henry Carus + Associates, we believe that you deserve more. For help lodging a claim with the TAC or assistance with a claim that has been rejected by the TAC, contact us for free advice. We handle road accident claims on a No Win, No Fee basis, meaning you face no financial risk.

Claims That Are Usually Accepted by the TAC

According to its website, the TAC has two main criteria for accepting a claim. These are:

• The accident satisfies the legal definition of a “transport accident.”
• The injured person is eligible for compensation under the Transport Accident Act 1986.

The TAC defines transport accident as an “incident directly caused by the driving of a motor car or motor vehicle, a railway train or a tram” while an injured person is someone who sustained an injury or died as a result of a transport accident. The term “injury” includes both physical and mental injuries.

In addition, in order to accept a claim for benefits related to injuries suffered in a transport accident, the TAC requires that:

• The transport accident was reported to the police and to the train or tram operator, if applicable.
• The person who was injured or died was involved in the transport accident.
• The person’s injury or death was a result of the transport accident, or the person’s pre-existing condition was aggravated by the transport accident.

The TAC may request other proof of the accident and the injury from the person making the claim or someone else who has relevant information.

The TAC will pay benefits to someone injured in a transport accident that happens in Victoria, regardless of what state or territory the vehicle involved was registered. It will also pay benefits for injuries sustained in an accident that happened in another part of Australia involving a vehicle that was registered in Victoria, so long as the injured person is a resident of Victoria or was an occupant of the vehicle that is registered in Victoria.

Non-Victorian residents may receive benefits from the TAC if they are injured in a transport accident in Victoria, regardless of where the vehicles are registered. Non-Victorian residents may also receive benefits from the TAC if they were involved in a transport accident in another state or territory and they were an occupant of a vehicle registered in Victoria.

Claims That Are Usually Rejected by the TAC

Just because the TAC offers some benefits without regard to fault does not mean that it accepts all claims. Some reasons why the TAC may reject a claim include the following:

• The injury or condition existed prior to the transport accident and the accident did not make it worse.
• The injury or condition was not related to the transport accident.
• The injured person is entitled to compensation from a motor vehicle compensation scheme in another state or territory.
• The injured person was in an accident involving a vehicle that wasn’t registered.
• The injured person was the owner of an uninsured vehicle that was involved in an accident on private land.
• The injury occurred in a motor sports accident, such as one involving an organised race, test, or speed trial.
• The injured person is entitled to compensation from another statutory insurance compensation scheme.

The TAC will also reject a claim for benefits beyond medical and the like in situations where the claimant was driving at the time of the transport accident and was later convicted of certain criminal offences like culpable driving causing death or who was driving while impaired by alcohol or drugs. A claim from an applicant whose dangerous driving caused death or serious injury by driving at a speed or in a way that is dangerous to the public and caused the death or serious injury of another person will also be rejected

Don’t Risk a Rejected TAC Claim. Get Legal Help from Henry Carus + Associates

Experienced legal assistance is necessary to ensure that you recover all of the compensation you deserve from the TAC, including any benefits that may be recoverable through a common law claim.

The lawyers at Henry Carus + Associates have a comprehensive understanding of the TAC system and the compensation that is provided under the legislation. In fact, firm Principal Henry Carus provided legal advice to the TAC in an earlier stage of his legal career.

Our law firm uses our experience to achieve excellent outcomes for those injured in road accidents in Melbourne and throughout Victoria. We advocate for our clients so they can recover both the no fault benefits they deserve and can also obtain as much common law compensation as possible.

Contact us today to find out how we can help you. Remember that we handle cases on a No Win, No Fee basis, which means that you pay us nothing unless we recover compensation for you.