What can I claim after a car accident?

Please note - this blog is written for people who have been injured in motor vehicle accidents in Victoria, Australia.

With very few exceptions, anyone injured in a motor vehicle accident in Victoria has access to benefits through the Transport Accident Commission (see “Can I make a TAC claim even if I was at fault?” for more information about these exceptions). These benefits are often called “no-fault benefits”, because it does not matter who was at fault in the accident.

There are three types of “no-fault” benefits:

1.  Medical and like expenses.

2. Weekly payments for time off from work.

3. The impairment benefit.

Medical and like expenses and weekly payments

Figuring out exactly which medical and like expenses you can claim can be tricky. Your first step should be to speak with your doctor. As a general rule, if you and your doctor agree that you need a particular treatment or service, then it is likely that you will be approved for funding for that service.

Similarly, if you and your doctor agree that you need to take time off from work so that you can recover from your transport accident injuries, you’re likely to be approved for weekly payments.

If the TAC denies any no-fault benefit that you or your doctor considers you need, there are important time limits to disputing that decision - I recommend that you get in contact as soon as possible to discuss your options if that has happened to you.

Impairment benefit

The impairment benefit is a one-off lump sum payment for people who have suffered a permanent injury or injuries (which might be physical, mental, or both) in their accident. Not everyone who has a permanent injury will be entitled to a benefit, as it does depend on the extent of the injury.

To be assessed for the impairment benefit, you must be assessed by independent doctors who are trained in doing this sort of assessment.

If you're interested in being assessed for the impairment benefit, Millington Legal can make those arrangements for you, as well as ensuring that the doctors have all the information necessary to make a thorough assessment of your injuries.

Common law claim

In addition to your no-fault benefits, you may have access to what’s called a “common law claim.” This is another lump-sum payment, making it similar to the impairment benefit. It is for pain and suffering, and sometimes, also for economic loss. Making such a claim is a difficult process, and depends on the specific circumstances of your accident, your injuries, and the consequences of those injuries on your life. The TAC recommend that you engage a lawyer to assist with a common law claim.

There are time limits that apply to making impairment benefit and common law claims. Normally, this is six years after your accident, but the exact time limit can depend on your individual circumstances, and it can be much earlier. Even if the time limit has expired, if you have a permanent injury, you should still seek legal advice.

If you’re interested in learning more about your potential entitlements, you can book a no-obligation consultation to discuss in more detail here.

Written by Scott Millington, principal lawyer at Millington Legal‍

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