Henry Carus + Associates | Injury Lawyers
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Car Accident Lawyers Melbourne

Car Accident Lawyers Serving Melbourne & All of VIC

A car accident lawyer in Melbourne can help you maximise the compensation you deserve following a road accident. Making a TAC claim can be difficult, but Henry Carus + Associates are here to provide the expert support and guidance you need.

You Deserve More. This is our philosophy at Henry Carus + Associates, and it is apparent in all aspects of the legal services provided by our car accident lawyers:

  • FREE, no-obligation consultation. Talk to our legal team at no cost and with no pressure.
  • Medical + Like Services Guarantee. Our car accident lawyers can quickly help to resolve disputes concerning the cost of medical treatment, like services, and supports at no cost to you. No other car accident solicitors in Victoria provide this service.
  • Assistance with all aspects of lodging a claim. Unsure what is involved in making a TAC accident claim? Henry Carus + Associates can advise you and advocate for you in communications with the Transport Accident Commission.
  • Peerless experience. Our firm’s principal, Henry Carus, provided legal advice to the TAC over a number of years during the period when the TAC was still coming to understand the legislation. He has been trained to appreciate what no-fault benefits the TAC can provide to an injured person and ensures that our firm seeks such support for each and every client.
  • Pursuing all the compensation you deserve. In addition to maximising your no-fault benefits, our lawyers will determine whether you are entitled to common law damages.

After a transport accident, the TAC does not provide comprehensive education on the benefits and additional compensation that may be available. It falls on knowledgeable car accident lawyers to ensure that clients are fully informed of their rights. At Henry Carus + Associates, we use our experience to achieve excellent outcomes for those injured by a motor vehicle—both to support their entitlement to no-fault benefits and to obtain as much common law compensation as possible.

Call 03 9001 1318 today for a FREE, no-obligation consultation with a car accident lawyer. Henry Carus + Associates serve clients in Melbourne and throughout Victoria, including the communities of Altona, Box Hill, and more.

Who Is Eligible to Claim Compensation After a Car Accident?

Anyone injured in an accident ‘directly caused by the driving of a motor car or motor vehicle, a railway train or a tram’ (per the TAC) can lodge a claim for benefits. This may include:

TAC benefits are available to any one who suffers injury in a car accident in Victoria (even if the vehicle isn’t registered in VIC). You may also have a TAC claim if you are a resident of Victoria or your vehicle is registered in the state and you are injured in a car accident elsewhere in Australia.

Your right to compensation following a motor vehicle accident may be confusing. The experienced car accident lawyers at Henry Carus + Associates can help you obtain all of the benefits for which you are eligible.

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How Long After a Car Accident Can You Claim in Victoria?

The TAC accepts accident claims for a very limited period of time. You have just 12 months (1 year) from the date of the crash to lodge a claim for benefits with the TAC.

With little time to lose and so much at stake, it is crucial to speak with a car accident lawyer in Melbourne as soon as possible. Our legal specialists can ensure that your claim is filed promptly and your rights and interests are fully protected until the matter is successfully resolved.

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We use our experience to achieve excellent outcomes for those injured by a motor vehicle—both to support their entitlement to the no-fault benefits and to obtain as much common law compensation as possible.

What Benefits Can I Get After a Car Accident?

The TAC can help pay for a number of medical treatments and services you may need subsequent to a car accident. You may be entitled to the following:

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Ambulance services -

The TAC will pay for transport to the hospital from the scene of the accident, as well as trips between hospitals.

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Hospital services -

The TAC will pay for treatments at hospitals, as needed.

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Medical services -

Includes visits to your GP and any specialist doctors.

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X-rays -

If you require X-rays and any other medical imaging to diagnose an injury, the TAC will pay.

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Medications -

Medicine that is prescribed to you by your doctor and provided by a pharmacist is covered by the TAC.

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Nursing services -

The TAC pays for home visits after you have left the hospital.

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Rehabilitation services -

The TAC will cover the cost of rehabilitation services that you require due to the accident.

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Equipment and medical aids -

Basic medical aids—such as crutches and wound dressings—are automatically approved by the TAC in the first 90 days following a road accident. Approval may be required after 90 days or for specialised equipment (such as a wheelchair).

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Replacement or repair -

of eyeglasses, hearing aids, mobility aids, or dentures damaged in the crash.

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Household support services -

This includes services such as housekeeping and gardening.

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Medical-related travel -

The TAC can reimburse the cost of travel in between doctor’s visits and other appointments having to do with your injuries from the car accident.

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Therapy services -

Medically necessary physiotherapy, chiropractic visits, podiatry, optometry, osteopathy, and psychology are all covered by the TAC.

If your injuries from the crash cause you to miss more than 5 days of work, you may also be eligible for income support. Generally, income support benefits pay 80% of your weekly wages before taxes. You may be entitled to additional benefits (such as loss of earnings capacity) if your capacity for work is affected long-term.

Read More: If I Have No Current Work Capacity, Can I Receive a TAC Payout?

Finally, the TAC provides return to work support for the victims of road accidents. This may include sessions with a work specialist to develop a personalised return-to-work plan, disability and supported employment services, and more.

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Maximise Your TAC Compensation With Our Free Guide

Learn 6 basic steps to follow if you experience a serious motor vehicle accident

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Are You Entitled to a Permanent Impairment Benefit?

A car accident injury lawyer can evaluate your eligibility for additional benefits. If it is determined that the accident has left you with an injury or a combination of injuries that constitutes permanent impairment of 11% or more, you may be entitled to a one-time impairment benefit.

Unlike medical benefits (which are paid as costs arise) or income support (which is paid weekly), the permanent impairment benefit is paid as a one-time lump sum. This additional TAC benefit is meant to compensate you for issues that arise due to permanent impairment, such as loss of mobility, the inability to work or care for yourself, etc.

The TAC has implemented a very specific process to qualify for the impairment benefit. A car accident lawyer at Henry Carus + Associates can advise you how the impairment rating is calculated, what is involved in independent medical examinations, and ensure that you are properly compensated.

Are You Entitled to Common Law Compensation?

Common law damages are the additional burdens you face as a result of your injuries from a car accident. These include:

  • Loss of earnings, past and/or future
  • Pain and suffering
  • Loss of amenities and enjoyment of life

To claim common law damages, your injuries must result in one of the following:

‘(a) serious long-term impairment or loss of a body function; or

‘(b) permanent serious disfigurement; or

‘(c) severe long-term mental or severe long-term behavioural disturbance or disorder; or

‘(d) loss of a foetus.’

Transport Accident Act 1986 – Sect 93

Alternatively, common law compensation may also be sought if you suffer permanent impairment of 30% or more. This is considered a ‘serious injury’ by the TAC.

Read More: What Does TAC Consider a Serious Injury?

To claim common law compensation, you will also need to prove that someone else was at fault for the accident. Although it may seem obvious to you who is responsible, proving fault is sometimes easier said than done.

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Success Stories

In the evening of New Years Eve 2005, Lee was driving with his wife Karen and their eight year old daughter when a car failed to give way entering a roundabout and crashed into their vehicle. Lee’s vehicle rolled onto its side and Karen died tragically at the scene of the accident. Lee suffered both physical and psychiatric injuries. A British national, Lee returned to England with his two children...

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Success Stories

Nujuma was an immigrant with limited English. She was studying English at a nearby school hoping to progress her language skills so she can obtain employment. One day, on her way back from English class, Nujuma was crossing an intersection as a pedestrian with a green man light in her favour when she was struck by a turning car which failed to give way. Unfortunately, as a result of the...

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Success Stories

Carol came to us when she had reached a critical turning point in her claim. She has engaged another lawyer but found that she was doing most of the work to look after herself; she was not feel taken care of. Carol met with one of our legal staff and immediately felt a sense of support. It was a simple decision for her to transfer her file and ask that...

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How Do You Determine Who Is At Fault?

Multiple forms of evidence can help to establish that another party (such as the driver of the other car) was at fault for the accident that led to your injuries. In addition to taking the steps below (provided it is safe to do so), you should consult a car accident lawyer in Melbourne as soon as possible.

Using your mobile or a digital camera, you should take pictures of anything that might show (a) how the accident occurred and (b) who was at fault. This may include:

  • The positioning of the vehicles on the road or in the intersection
  • Damage to the cars involved (e.g., if the other driver rear-ended you and there is significant damage to the boot, your photos should show the back end of your vehicle and the front of the other car)
  • Any skid marks, damaged objects, and debris in the roadway from the accident
  • Your injuries
  • Traffic signals and signs
  • Road, lighting, and weather conditions

Be sure to take pictures from multiple angles. An experienced car accident lawyer will be able to examine and interpret these photos for use in your claim.

Ask bystanders in the area if they saw the accident. If they did, ask them to describe what they witnessed. Take notes or see if they’ll agree to be recorded. You will also need their name and contact information.

Pay close attention to what the other driver says in the aftermath of the accident. If you hear them admit fault, tell this to a car accident solicitor as soon as possible.

You will also need the following information from any and all drivers involved in the crash:

  • Names
  • Addresses
  • Contact information
  • Vehicle registration number
  • Year, make, and model of the vehicle
  • The name of the owner of the vehicle (if it is different from the driver)
  • Insurance information

Collecting this information will enable you to identify the party or parties involved in the car accident, including those at fault.

Any accident where someone has suffered injury should be reported to the police at once. Provide an accurate statement to the officer who responds to the crash. While you should not speculate as to who was at fault, do not hesitate to mention any circumstances you noticed (e.g., you were slowing down for an amber light and the driver behind you did not stop).

You may be taken to hospital straight from the scene of the car accident. If this is the case, the hospital may lodge an initial claim with the TAC on your behalf. You also have the option to lodge a claim on your own after seeking medical treatment.

Medical evidence is required in all types of TAC accident claims, including those involving fault and common law damages. You will need to provide information on your injuries, as well as the names of any and all medical professionals you’ve seen following the accident.

Read More: What Are the Car Accident Fault Determination Rules in Victoria?


How do you work out who is at fault? | Henry Carus + Associates

What Causes Car Accidents in Melbourne?

Car accidents have a number of different causes. Some of the most common factors that lead to crashes in Melbourne and other areas of VIC include:

Speeding

According to the TAC, excess speed contributes to many of the approximately 236 road fatalities that occur in Victoria each year. Travelling too fast increases the time and distance it takes for a vehicle to stop; the faster a driver is going, the less likely he will be able to stop in brake to avoid a hazard.

Distracted Driving

The use of a cell phone, tuning the radio, eating, and applying makeup can all lead to costly consequences. Drivers who are distracted are twice as likely to get into an accident.

Read More: How Does Distracted Driving Affect Others?

Drink Driving

Drink driving is more than a serious criminal offence. It is also a leading contributor to transport accidents.

In Victoria, it is illegal to operate a motor vehicle with a blood alcohol concentration (BAC) of 0.05 or higher. And yet, 1 in 5 drivers killed in accidents have a BAC over the legal limit.

Costly Consequences

Tired Driving

Excess fatigue has similar effects to alcohol consumption. Driving a car after 17 hours without sleep is the equivalent of driving with a BAC of 0.05.

Most fatigued driving accidents occur because a motorist gets behind the wheel tired. While the act of driving may result in fatigue (a common issue among truck drivers), issues such as long, demanding days at work and certain medical conditions are more likely the cause.

Reckless and Aggressive Driving

Careless driving encompasses a multitude of actions and behaviours that can lead to a car accident. These include:

  • Following too closely
  • Unsafe turns and lane changes
  • Illegal manoeuvres
  • Failure to give way
  • Road rage

Each of these issues generally constitutes negligence. If you were seriously injured or a member of your family was tragically killed in an accident caused by any of these factors, a car accident lawyer in Melbourne can seek to maximise your benefits and pursue any common law compensation you are due.

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VIC Car Accident Statistics

From January–December 2022, the TAC recorded a total of 3,214 road accidents involving hospitalisation. Over 2,000 of these accidents occurred in Melbourne alone, accounting for approximately 62% of transport accidents in the state where hospital treatment was required.

Each year the TAC releases a report on the lives lost in road accidents in VIC. 241 people were killed in accidents in 2022—a 3% increase from the prior year.

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What Are the Most Common Injuries from Car Accidents?

Car accidents can result in a wide range of injuries. Some of the most common include:

  • Whiplash (i.e., injury to soft tissue in the neck caused by the head being thrown violently forward and back again)
  • Broken bones
  • Cuts and abrasions
  • Head and brain injuries
  • Spinal cord injuries
  • Burns
  • Internal bleeding
  • Organ damage

The injuries from a car accident should always be taken seriously. Seek medical attention straight away, either by going to the hospital or visiting your GP. A car accident lawyer can advise you what TAC benefits you are entitled to, as well as assess your medical records and other evidence to determine if you qualify for additional compensation due to suffering permanent impairment or a serious injury.

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What Is the Psychological Impact of a Car Accident?

In addition to physical injuries, car accidents can take a serious psychological toll on victims. Some of the most common impacts on mental and emotional health following a road accident include:

  • Depression
  • Anxiety
  • Overwhelming guilt
  • Insomnia
  • PTSD
  • Confusion
  • Fear of driving again
  • Loss of appetite
  • Loss of enjoyment of life

Although you may be focussed on recovering from the physical trauma of the accident, psychological injuries should not be overlooked. People who experience them may find it difficult to return to work, be around others, and even have trouble getting out of bed in the morning.

Psychological injuries from a road accident are also compensable by the TAC. A car accident injury lawyer can fully assist you with your claim so you can get the benefits and any additional compensation you deserve.

Why Choose Henry Carus + Associates?

car accident lawyer melbourneOur firm was founded in 2001 with the goal of helping clients get access to fair recompense for injuries sustained in accidents. Many people don’t realise what they can recover under Victoria’s compensation schemes. With car accidents a major cause of injury in Melbourne and throughout VIC, we see it as our duty to help clients navigate the intricacies of TAC legislation and obtain favourable outcomes on their behalf.

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Larger law firms often see clients more as numbers than people. They rarely form genuine relationships with clients. At Henry Carus + Associates, we see you differently. You are more than just a file—you are a unique individual trying to recover financially, mentally, and physically so you can get on with your life. Our mission is to help you do just that through aggressive, knowledgeable, and personalised legal representation.

Many firms do not understand or have difficulty accepting that the TAC is constantly creating policies to limit its obligations in providing no-fault benefits. They also fail to understand that the TAC essentially operates as an adverse insurance company when defending common law claims. In that second role, the TAC is there to defend the person who has seriously injured you and cannot act to give you the best possible compensation available.

Having previously advised the Transport Accident Commission in its formative years, Henry Carus is fully aware of how the TAC thinks. This early experience enables us to prepare effective strategies for contesting the TAC’s policies and, when the situation arises, representing our clients common law matters through settlement negotiations and, if necessary, in court.

Where many law firms become upset and discouraged by the TAC’s stance, we channel our energies into preparation and fighting for the best outcome for our clients.

No Win No Fee
  • No upfront costs
  • We only get paid if you win
  • Maximum compensation

Contact a Melbourne Car Accident Lawyer Today

Nobody expects to be injured or lose a loved one in a road accident. If you are facing either of these terrible situations, the car accident lawyers at Henry Carus + Associates are here to help.

With our No Win – No Fee policy, you pay nothing upfront and only owe fees if we are successful. This policy guarantees access to legal guidance without requiring you to tap into your already strained finances.

Our car accident lawyers have more than 40 years of combined experience. We know the TAC legislation inside-out, and will fight to ensure that you receive all medical benefits, income support, and any other entitlements you qualify for (such as an impairment benefit and common law damages).

Speak to a car accident lawyer in Melbourne today. Call Henry Carus + Associates at 03 9001 1318 today for a FREE, no-obligation consultation. We have offices in Altona, Box Hill, and other communities in VIC near you!