INJURED IN A MOTOR VEHICLE ACCIDENT?
A person injured in a transport accident is entitled to compensation if:
- the accident occurred in Victoria or, if in another state or territory, the accident involved a Victorian registered motor vehicle; and
- at the time of the accident the person was the driver of, or a passenger in, the registered motor vehicle and was a resident of Victoria.
‘Transport accident’ means an incident directly caused by the driving of motor car or motor vehicle, railway train or tram.
A person injured in a transport accident may be entitled to:
- No-fault compensation pursuant to the Transport Accident Act; and
- Common law damages.
What are my entitlements?
TRANSPORT ACCIDENT ACT
The Transport Accident Act establishes a scheme providing benefits for
- loss of wages/loss of earning capacity (weekly payments).
- medical and like expenses.
- Impairment benefits for an impairment greater than 10% pursuant to the AMA Impairment Guides.
The Transport Accident Commission (“TAC”) administers the scheme.
In respect to any common law claim and claim for impairment benefits, there is a six year limitation of actions period for institution of proceedings.
You should contact us without delay if you have been injured in a transport accident as it is important to act promptly.
COMMON LAW
A person injured in a transport accident may be able to bring a common law claim for damages where:
- The person suffers a “serious injury” as defined in the Transport Accident Act; and
- The injuries occurred by reason of the negligence of the driver of a motor vehicle.
Serious Injury
Pursuant to the Transport Accident Act there are two ways by which a person injured in a transport accident can establish a “serious injury” for the purposes of a common law claim:
- If they have an impairment of 30% or greater pursuant to the American Medical Association Guidelines; or
- If they satisfy Section 93 of the Transport Accident Act and are accepted as having either:
-
- a serious long term impairment or loss of body function;
- a serious permanent disfigurement;
- a severe long term behavioural disturbance or disorder; or
- loss of a foetus.
Negligence
It is necessary to establish negligence before a common law claim can succeed. Even if negligence can be established, damages may reduced if contributory negligence can be established against the injured person.