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.

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Contact our friendly team on (03) 5562 9100