TAC COMPENSATION CLAIMS IN VICTORIA

TAC Compensation Claims in Victoria – Medical Expenses

In accordance with changes made to the Victorian TAC scheme in May 2008, you are typically required to pay the first $564 of the medical expenses you incur as a result of your transport accident. Once this threshold amount has been met, the TAC in Victoria will compensate you for additional approved medical expenses.

Some exceptions to the general rule apply. First, the medical excess requirement is waived for individuals who spend one or more days as an inpatient in a hospital as a result of the accident. Second, if one or more of the claimant’s immediate family members was injured in the same accident, only one $564 excess needs to be met.

Proving Your Medical Expenses

Generally it is not difficult to meet the medical excess. Bulk billed treatments count towards the excess, and expenses related to doctor visits and prescription medications add up quickly. However, you must be able to prove that you have incurred these expenses. To do so, you must submit a “Medical Excess” form to the TAC, and the form must be accompanied by documentation such as your Medicare history statement and receipts for each accident-related medical expense you incurred.

A Victorian car accident solicitor can advise you on which expenses can be applied towards the medical excess. Your solicitor can also help you maintain the records and receipts necessary for ensuring that you get full reimbursement.

Obtaining Prior Permission

In order to receive full reimbursement for a given treatment in Victoria, you must receive prior approval from the TAC. The standard procedure is for a physician or other healthcare professional to submit a written request to the TAC outlining the recommended treatment. The TAC will review the request and decide whether they will pay for the treatment. If the TAC refuses to pay for a treatment, you should seek the counsel of an experienced Victorian car accident solicitor for assistance with challenging this decision.

Challenging a TAC Decision In Victoria

If you are unhappy with a decision rendered by the TAC, you can have it reviewed by the Victorian Civil and Administrative Tribunal. There is a strict time limit of twelve months from the date of the decision for seeking the review. To ensure that you do not miss any of these critical deadlines, contact a Victorian car accident solicitor as soon as possible. Your solicitor will take on the responsibility of filing the necessary paperwork and will keep track of the various time limits applicable to your claim or challenge.

Another important time limit to be aware of is related to seeking reimbursement for medical expenses. You have only two years from the date of incurring the medical expense within which to submit the expense to the TAC. If you fail to seek reimbursement before that time limit expires, the TAC is under no obligation to consider your claim. A solicitor can help ensure that you meet all of the time limits associated with TAC claims. You do not want to miss out on the compensation to which you are entitled because of missed deadlines.

Travel Expenses

You will incur various expenses while travelling to and from the hospital or doctor’s office to receive treatment for your injuries. The TAC generally reimburses you for these costs. Examples of eligible travel expenses include:

• Travelling by private vehicle
• Public transportation
• Taxi fares
• Airfares

As with medical expenses, you should obtain prior approval from the TAC for travel expenses before they are incurred.

Disability Services and Rehabilitation

Disability and rehabilitation services include:

• Programs to help you return to work
• Physical therapy
• Pain management

Medical Equipment

Medical equipment for which the TAC in Victoria provides reimbursement includes:

• Modified footwear
• Special furniture, such as tilting chairs and mattresses
• Gym equipment/equipment for physical therapy
• Walking sticks
• Modified cleaning appliances

Childcare

Sometimes the injuries suffered in a transport accident will impair the victim’s ability to care for their family. If a transport accident has left you unable to fully care for your children, you may be entitled to up to 5 years of childcare paid for by the TAC. The number of hours of childcare you receive each day or week depends on the particular circumstances of your case. Those who are dissatisfied with the childcare services allotted to them by the TAC should consult with a TAC solicitor to learn more about their options.

Domestic Assistance and Housekeeping

Those injured in a motor vehicle accident in Victoria may find it difficult, perhaps even impossible, to perform typical daily tasks such as chores. In these situations, the TAC provides housekeeping and domestic services to assist the victim in their daily life. The amount of help provided depends on the specific circumstances of the individual, and it can range from a few hours each month to several hours per week.

Below are some examples of the types of housekeeping and domestic services that the TAC provides:

• House cleaning
• Yard work such as mowing and gardening
• Washing clothes
• Preparing meals
• Dressing and personal hygiene

Modifications Made to House and/or Motor Vehicle

If a transport accident has left you with a permanent disability, you may need to modify your home and/or motor vehicle to accommodate your special needs and equipment. These are some examples of the types of modifications for which you may be reimbursed by the TAC:

• Wheelchair ramps
• Shower rails
• Modified toilets and toilet chairs
• Modified steering wheels
• Modifications to accommodate transport of a wheelchair

Free Legal Advice Without Obligation

Compensation claims for fatal accidents or catastrophic injuries call for the legal services of a solicitor with specialised knowledge. Our solicitors have extensive experience and are qualified to handle these complex cases. If the accident occurred as a result of negligence by a third party then our specialist lawyers can help you to assert your legal rights and get the compensation you deserve. If you would like free advice without further obligation just complete the contact form to speak to one of our experts.