Steps to take after a TAC accident

Transcription

1 Steps to take after a TAC accident Henry Carus + Associates 1

2 YOU DESERVE MORE Contents 4 Introduction 6 6 basic steps to follow 7 Report your accident DISCLAIMER WARNING THIS GUIDE CONTAINS GENERAL ADVICE OR INFORMATION ONLY The information in this Guide is general information only and has been prepared without taking into account your personal situation or needs. You should consider any advice in this Guide in light of your own personal matter before acting on the advice or information given. More importantly, you may wish to consult with a personal injury lawyer before relying on any advice or information in this Guide. If you have been involved in a motor vehicle accident, or someone close to you has been involved in a motor vehicle accident, then we strongly recommend that you seek the advice of a specialist personal injury lawyer. Neither Henry Carus + Associates nor the author, Henry Carus, take any responsibility for any decision you may make acting on the advice or information given in this Guide, unless you decide to consult our firm and obtain such advice and information that we say would be helpful to your specific situation. 8 Make a claim 10 Give a concise description of your accident 12 Leave open the description of your injuries 14 Accurately detail your full medical history 16 Engage a specialist TAC personal injury lawyer 18 6 Basic Steps checklist 19 About the author 2 Steps to take after a TAC accident Henry Carus + Associates 3

3 Introduction The Transport Accident Commission, commonly known as the TAC, has been a part of the Victorian community since A relationship between the TAC and an injured person starts when the TAC accepts their claim form. Over the years the TAC claim form has expanded to seek more and more information from the injured person. Yet often the importance of that information and how it is provided may not be fully understood by the injured person. This Guide aims to help you understand the various questions in the claim form and consider how you may wish to complete them. Please remember that the information in this Guide is for general information only and has been prepared without taking into account your personal situation or needs. If you have been involved in a motor vehicle accident, or someone close to you has been involved in a motor vehicle accident, then we strongly recommend that you seek the advice of a specialist personal injury lawyer. We do hope the Guide assists you in working with the TAC to achieve the best possible support for you and your family if you have been injured. 4 Steps to take after a TAC accident Henry Carus + Associates 5

4 6 basic steps to follow Report your accident There are 6 basic steps that you should follow if you experience a TAC accident. By following these basic steps, you will vastly enhance the opportunity to obtain compensation for any injuries suffered in the accident. 1If you are in any motor vehicle accident where an injury has occurred, report the accident to the police as soon as can no matter how minor the injury appears to be at first. The TAC legislation requires an accident be reported to the police before the claim can be accepted. You should do so even if you cannot identify the other vehicle involved in the accident. If the accident involves a train or a tram, report the accident to the train or tram driver or operators as soon as you can. Again, TAC legislation requires it to be reported. Although the legislation does not mention buses, we suggest that you do the same with any accident on a bus and report it immediately to the driver or the bus company. When you report your accident be prepared to give a short and concise explanation of what happened. Something as simple as My vehicle was struck in the rear by another car or I fell down when the tram started to move would be fine. We often see descriptions that go well beyond being a short and concise description, and such can easily lead to: Confusion as to what occurred Inconsistent versions of the accident being given later to the TAC or health providers. Your short and concise version should also be used when you report your accident to the TAC. click to read more 6 Steps to take after a TAC accident Henry Carus + Associates 7

5 Make a claim 2When deciding to make a claim, consider the following: Some people are unsure as to whether they should make a claim after experiencing a TAC accident. We strongly recommend that a claim be submitted as soon as possible, regardless of the extent of your injury. The TAC is your insurance company in essence. It is there to provide you, a member of the Victorian community (as well as guests to our state), with support whenever you are injured in an accident by reason of driving a motor vehicle. The scope of the benefits provided under the no fault concepts of the legislation are very expansive and can cover so many aspects of your future needs if you are injured. As an example, the legislation can provide for benefits including: attendant care services, child care services, various forms of medical care, medications, home modifications, educational assistance and occupational physiotherapy - just to name a few. The TAC no fault benefits for medical and related expenses are there for your life regardless of if you require them right away or if you require those benefits 20 years later. In other words, so long as your claim has been accepted, it is your insurance policy for life. The TAC scheme can only provide you with no fault support if you file a timely claim form. The legislation requires the claim to be made within one year after the transport accident has happened. If not made in time, the claim will not be accepted. click to read more If you do not get a claim accepted by the TAC within the time period required, you will not be able to get any common law compensation if your injury later on seriously affects your life and your ability to work. This means that your decision to not submit a claim form will not only prevent you from getting no fault supportive benefits for life, but it will also prevent you from getting any common law lump sum compensation against someone who has caused you to suffer your serious injury. 8 Steps to take after a TAC accident Henry Carus + Associates 9

6 Give a concise description of your accident 3The TAC claim process usually starts with a call to the TAC to say you have had an accident. If you have been hospitalized, someone may seek to have your claim form submitted while you are still in the hospital. Eventually, you will be asked to look over the TAC claim form and sign the form at the end. The form will contain a section that asks you to describe how the accident happened. Some people give long explanations of how the accident happened on the phone or to the hospital, and the person filling in the form will write what they think has been said. Do not accept the description given by others. If needed, give your own clear and concise description of what happened - the same short, concise version that you gave to the police when you reported the accident is ideal. You may ask what difference does it make what is said, as long as the claim is accepted. The TAC operates in two separate roles. At the time when you are putting in your claim form, it is operating as a government agency - there to help you with no fault benefits. Later on, it takes on a different role and one that is essentially against you. In that role it will operate as a commercial insurer, defending the interests of the person you say was responsible for the accident. It will gather whatever information it has available to prevent or diminish the value of your common law compensation claim. That is when it will turn to what you have said happened in your accident - in your claim form and anywhere else - to see if what was said can be used against you. It can be difficult for people to keep in mind the second role of the TAC when the TAC is being so supportive at the start. That is why it is vital to remember at the outset that everything you say and do may be used in that defence later on. In summary, when it comes to the TAC claim form, a simple, concise and accurate statement of the accident is all that is needed to get your claim accepted. A long and complicated explanation may lead to confusion as to what you meant to say, and to inconsistent versions being recorded by those who attend to you over time. So our suggestion is to create and consistently use a short, concise and accurate description of your accident. 10 Steps to take after a TAC accident Henry Carus + Associates 11

7 Leave open the description of your injuries 4The TAC scheme is meant to provide support for all of the injuries you have suffered in the transport accident for the remainder of your life. It makes no difference when the injury manifests itself it can be immediately, such as with a badly fractured leg, or later on, such as with damage to a kneecap caused by striking a dashboard in the accident. The TAC claim form asks you to detail the injuries you have suffered. It is often the source of difficulty when the injuries noted are only those that were picked up right after the accident, but not those that later developed. The law does not limit the scope of support to the injuries listed on the TAC claim form, and will allow someone with appropriate medical support to get assistance for injuries that develop later on. As a general precaution, and to avoid any inappropriate focus on what is said on the claim form, it may assist to simply add some words to indicate that you may develop other injuries in time. This would be quite a reasonable way of looking at the consequences of a serious motor vehicle accident where your mind and body have to come to terms with any changes over time. We have seen clients use expressions such as and such other injuries that may develop later on. While we cannot tell you what to indicate on your claim form, you may wish to consider whether you are likely to develop additional injuries in time. If so, use whatever expression you find appropriate to communicate that time may have much to say about your wellbeing and need for TAC support. 12 Steps to take after a TAC accident Henry Carus + Associates 13

8 Accurately detail your full medical history 5The TAC claim form has expanded over time, and one of the sections that now seeks considerable information is that which deals with a person s past medical history. The section has a lot of questions that ask about a possible past history of such things as, for example, head injury or lower back injury. Although you may wish to get the claim form in as fast as possible, take the time to make sure this section gets filled in correctly. If there is any history or if you even think there may be some history, you may wish to say so as what really matters is not to be seen to be trying to hide something. The TAC will eventually seek copies of your past medical history and will ask for medical reports from your doctors. In doing so, your complete medical history will become known. Some people think that something that may have bothered them 20 years ago and only for a short period of time is really not important at the time of a serious car accident, but it may become important if that part of your body suffers after the accident. It is therefore best to give a detailed past history so that it can be clearly seen that your current problem truly does stem from the car accident. If you struggle to remember all of your medical history, just say so. Seek the assistance of your treating general practitioner to get the details and give them to the TAC as soon as you can. What the TAC is looking for is clarity in what it has to assist you with because of your accident and what it does not have to assist you with because of it being unrelated to your accident. 14 Steps to take after a TAC accident Henry Carus + Associates 15

9 Engage a specialist TAC personal injury lawyer 6TAC related personal injury law questions are complicated. In basic terms, there is: 1. The entitlement to benefits under the no fault aspects of the TAC legislation; and 2. The generous common law compensation available to those who suffer a serious injury and can establish that someone else is at fault for their accident - in whole or in part. A good specialist TAC personal injury lawyer will be able to: Explain the TAC scheme in simple language and guide an injured person through its many no fault benefits - both immediately after the injury and for the rest of a person s life. The relationship that is created is one that allows a good personal injury lawyer to work for you for the remainder of your life. Seek to find an early, peaceful resolution to your common law compensation claim, and still achieve you an excellent outcome. Tell you when they may need to fight for you for longer so that they can seek you the extra compensation you deserve from your own insurance company. Those funds will be needed by you and your family for the remainder of your life. You cannot come back later and ask for more, so it is the one important contest where you need to have someone on your side that is devoted to your best interests. That person can be found, and should be found, as soon as you can. A specialist TAC personal injury lawyer can also provide these services to you: Without any cost until they are successful with your compensation claim. Without any cost to you to challenge any TAC benefit decision on an informal or formal basis. Without any upfront payment by you for disbursements. Without any need to engage in complicated financing arrangements that simply add to the cost of the legal services provided. 16 Steps to take after a TAC accident Henry Carus + Associates 17

10 6 Report your accident 6 Basic Steps Checklist Make a claim Give a concise description of your accident Leave open the description of your injuries Accurately detail your full medical history Engage a specialist TAC personal injury lawyer If you follow these basic steps, you will vastly enhance the opportunity to obtain compensation for any injuries suffered in a TAC accident. About the author Henry Carus is the principal of Henry Carus + Associates - a firm of approximately 30 staff located at convenient offices around Melbourne. Henry Carus has over 30 years experience which is uniquely placed to assist those injured in a motor vehicle accident. Henry graduated Law School in New York City and practiced law as a trial lawyer in NYC for 10 years. In that time he handled many motor vehicle accident claims for prominent national insurance companies. One of his strengths at trial was accident recreation finding out what really happened in the accident. On relocating to Melbourne 20 years ago, Henry worked for a major insurance law firm, Phillips Fox - now known as DLA Piper. While at Phillips Fox he worked in the insurance department and for the TAC insurance team. In that role, he was asked to advise on the interpretation of the legislation, the merits of disputes dealing with benefits, entitlement to a serious injury certificate, and as to common law damages. He also instructed in court on a range of complicated matters. Henry later went on to become an insurance partner at the boutique insurance practice, Ligeti Partners. During these years, Henry acted for major insurers including HIH Insurance, CIC Insurance and AAMI Insurance in public accident claims and represented government bodies including the State of Victoria and the City of Melbourne. His work took him all over Melbourne, around Victoria, across Australia and even back to the USA. Henry eventually took that experience to return to where he had started his legal cases in NYC acting for injured people needing to succeed in their efforts to recover fair and just compensation for accidents caused by the fault of others. Henry Carus + Associates has two accredited specialists in Personal Injury Law in Victoria - Henry Carus and Wendy Kleyn - and is supported by six other lawyers and a team of support staff. Together they have achieved for clients time and time again. 18 Steps to take after a TAC accident Henry Carus + Associates 19

11 hcalawyers.com.au MELBOURNE + BRIGHTON + BOX HILL + ALTONA