P plater crashes in Victoria: how to make a claim

In Victoria, 1 in 5 deaths for people aged between 15-24 occurs due to motor vehicle accidents.

Statistics suggest P Platers are involved in more crashes than any other road users.

If you’re a P Plater, passenger, or other road user injured in a crash on Victorian roads, here’s what benefits you can claim, how to claim them, and how dangerous driving can affect your claim.

I was injured in a P Plater crash – what can I claim in Victoria?

Nearly 80 percent of P Platers engaged in risky behaviour, including speeding, in at least one of their last 10 trips.

Speeding and tailgating are two of the main causes of crashes in Victoria caused by P Platers, according to research.

Those in car accidents commonly suffer whiplash, with serious accidents causing injury to the head, spine, or internal organs.

If you are injured in a crash in Victoria, you can make a claim to the Transport Accident Commission (TAC) who will cover the costs of your injuries. How does this work? When your vehicle is registered in Victoria, included in the charges are an amount dedicated to funding the TAC. The benefits an injured person is entitled to claim will depend on their circumstances, but TAC can pay for:

• medical and rehabilitative treatment

• income support for lost earnings

• lump sum compensation.

TAC is a no-fault scheme, meaning benefits can be claimed regardless of who caused the accident.

Does the TAC cover accidents outside of Victoria?

While the majority of TAC claims result from accidents in Victoria, the TAC will cover accidents involving injured people in other states if the:

• the vehicle was Victorian registered; and

• the injured person was a Victorian resident (that was at the date of the accident likely to reside in Victoria not less than 6 month immediately after the accident).

For example, if someone is injured in an accident on a road trip in New South Wales, while driving or as a passenger in a Victorian-registered car, they can claim TAC compensation. The same applies if they cause an accident injuring another Victorian resident.

How do I claim TAC benefits following a P Plater crash?

If you’ve been injured in an accident in Victoria, or in another state in a Victorian-registered vehicle, you should make a claim for TAC benefits as soon as possible. TAC claims are subject to a one-year time limit, so it’s important to seek advice promptly should you wish to make a claim.

To ensure you receive your full TAC entitlements, you should seek advice from a law firm, like us.

Once you engage a law firm, they will gather information about the accident, your injury, and how it’s affected your life. You’ll then be advised what your legal entitlements, and which one is considered best for your circumstances.

The TAC Claims team at Shine Lawyers has years of collective experience dealing with Victorians injured on the roads.

They represent drivers, passengers, cyclists and pedestrians injured due to:

• brain or head injuries from collision with a vehicle interior or loose object

• neck injuries, commonly due to whiplash

• back or spinal injuries

• psychological injuries, such as post-traumatic stress disorder (PTSD).

Are TAC benefits affected by speeding or dangerous driving?

Regardless of the circumstances of the accident, your entitlement (as a road user) to medical and support benefits under TAC are unaffected. It is the same as having private health insurance with additional benefits.

However, if a driver is convicted of dangerous driving causing death, or the equivalent offence in another state, their TAC benefits will be ineligible for any entitlements under the scheme.

In some circumstances, the TAC may reduce or not pay Loss of Earnings benefits to drivers convicted of certain offences. Loss of Earnings benefits are payments designed to compensate workers for income they’ve lost due to the injuries they’ve sustained. For example, drink and drug driving offences can similarly reduce Loss of Earnings payments, depending on the severity of the offence and the blood alcohol reading.

Why choose Shine Lawyers for my TAC claim?

Shine Lawyers’ dedicated TAC Claims department have the speciality experience needed to maximise your benefits.

If you’ve been injured on the road in Victoria, or in another state while in a Victoria-registered vehicle, our TAC scheme experts may be able to help you access benefits to aid your recovery — regardless of who was at fault. Check if you’re eligible to make a claim below.