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[VIC] Process for TAC and court

Discussion in 'Politics, Laws, Government & Insurance' started by Miss_dj, Dec 27, 2008.

  1. Hi all,

    As some of you may or may not know, I was hit by a car head on in my lane last week and want to find out the process for taking the idiot to court?

    I'm stuck in rehab until the end of Jan which is all covered by TAC but I'm a little confused... do i go through TAC against her or see a lawyer?

    Any advice would be appreciated!

  2. TAC covers all your medical costs and lost income and any compensation if you are permanently disabled in some way, you can't take anyone to court regarding injuries in victoria it's a no fault system.
  3. Jamie, I'm sure you've rung the TAC and got a case number and filled out all the paperwork. You'll have a case manager who can fill you in on all your possible courses of action

    I had a serious car prang in 1996/97. Fireys, Cops, ambos, tow trucks... There was a girl who was seriously hurt. TAC handled everything. Then 10 years later I get served with a summons, I was being personally sued. :eek: I redirected it to the TAC and they handled the lot.
  4. Jamie, I forgot to ask you last night ( not that you would in the slightest way remember anything from that day :eek: ) did the cops charge her on the spot for failing to give way?

  5. Miss Dj, the lady in question will surely have had to have been charged with something, bearing in mind she's going to have put her spin on her side of the story.
    Was there any independent witnesses who saw the actual impact that took place? Their testimony will hold a great deal of weight in a matter like this.

    I can't remember if the police have seen you and taken a statement, I'm assuming they must have.
    You need to get in touch with them and find out if any and if so what charges were laid. You should be able to track back through your ER admission to find them or the station they were sent from.

    Also PM 'thetramp64' if you can't find him using search you'll find him in threads in the legal section. He's always ready to help and point our brothers and sisters in the right direction. He's also got a good knowledge of the workings of the TAC. He was a big help to Kittiminx and Co. behind the scenes.
  6. Ta da............

    Ok that was corny!

    Firstly sorry to hear about the "off"....hope you are healing!
    I have been watching this thread but didn't have much to add!

    As people have (quite rightly) said, Victoria operates a "no fault" 3rd party scheme, run by TAC. If they are playing nicely, there is no need for a lawyers involvement.
    It's only where they deny claims (and this is rare) that we step in.
    As far as suing the Other Party, honestly, not an option usually.

    Having said that, happy to help in any way I can, even if its just to explain something.

    I'll PM my mobile to you DJ. I'm not at work till the 8th.
  7. Haha, that's GOLD!

    I'm very careful about saying your name three times in a row cos I never know where you're going to pop up.

    Dude can you shoot me your number too please? :)
  8. Thanks for the info all...

    Kate, no the cops haven't taken a statement from me yet :shock:

    Chef, the woman who hit me has spoken to Ryan a few times and apparently keeps asking if we've spoken to the police...
    So from that, I'm assuming she hasn't been charged?
    There were also about 15 or so witnesses

    Robsalvv, yep, TAC claim lodged etc and now just waiting for my income paperwork from my employer

    Tramp, I'll be calling you very shortly... :)

    In the meantime, can someone please explain this "no fault" system? What does that mean?

    Lastly, if I wanted compensation, is this handled by TAC?

    Thanks again guys :)

  9. Smells a bit fishy to me, tread carefully hun.
  10. In other states, each vehicle registration requires the owner to take out 3rd party insurance to cover other peoples medical expenses if you are at fault in an accident (Compulary Third Party or CTP).

    In Victoria the TAC component of our rego is the CTP. Unlike other states it doesn't matter who was at fault in the crash. Anyone and everyone who is injured on the road here is entilled to claim against the TAC for costs relating to the incident.

    All your compensation will be handled by the TAC. This will include all medical costs, any ongoing medical care and lost wages. There is no need nor possibility to sue the other driver for these things.

    What you can sue the other driver for is the damage to your bike and personal belongings, however your insurance company will do this on your behalf when you make a claim. It will help your insurer (and your claim with them) to have the woman charged by the police so it's definately worth following that up. :)
  11. What do you mean? Now I'm worried :cry:
  12. I'll give you a call.
  13. No surprise, and don't be surprised if no charges are ever layed against the driver. It makes no difference to your life, and it's not something you have control over, so don't stress about it. Concern yourself only with things that you can control and that benefit you.

    Yes, TAC have all the money! I will PM you details of a great lawyer in this field.
  14. Jaime, the police don't always interview the driver / rider. If the facts are obvious or if there are some independant witnesses to the event, the rider / drivers statement may be unecessary.
    In fact it's often not worth taking thier statement in that they may not remember much at all.

    As far as charging the driver, it can also take a while for this to occur, if charges are to be laid at all.

    Honestly, it's irrelevant.
    Victoria's TAC scheme is "no fault". It's irrelevant whose fault it is, you are still covered for hsopital, medical, rehab etc.
    Have a look at this page:

  15. That's not entirely accurate as you don't know all of the details behind the scene.
    And she can push for charges if there are some there to be had, so while not having complete control over it, she does have some influence.

    However at the moment, the initial shock of the prang has worn off and Miss DJ has moved into the 'angry phase'. She's looking for a chew-toy to take her frustration out on, I can't think of a better candidate than the driver, let her enjoy herself.
  16. she can push for charges all she wants, it's up to the police whether they lay any charges and only if those charges are seen serious enough to be warranted.
    IT seems like a straightforward case, the driver was in error and will cop the appropriate penalty.
    The TAC covers all the medical and compensation stuff so miss DJ is covered completely and will probably even benefit financially due to the compensation component, (hopefully she recovers from all her injuries completely)
    The insurance companies will cover the cost of the vehicle damage so why expend negative energy when one should be thinking positively about healing from the wounds? All the anger seems to be wasted energy imho.
  17. I now work days so I can volunteer myself to be the chewy toy :shock:
  18. Mate, while i agree with everything you said, or perhaps you've agreed with everything i said (you choose), there is a little more to this than what's being posted here. Miss DJ is getting in touch with the people who will be able to steer her right in regards to the best course of action.

    Regardless of whether pursuing the matter is fruitless, it may well be a case of the journey being more important than the destination. Whatever her decision is, as long as she knows her friends will be there to journey with her and support her along the way, the rest will figure itself out.

    It's not a case of wasted energy, it's a case of pent up energy. She is a victim of a road trauma accident, and she has been badly hurt through no fault of her own.
    It's natural to feel angry about that, it's not healthy to not express it.

    Vic, you might be biting off more than she can chew. :LOL: j/k
  19. Anger is one thing but there was a hint of retribution.
  20. The right charges might see one less dangerous driver on the road.