How to make a TAC claim when injured by an Unidentified VehiclePublished on Posted on
Please note that this post was written for Victorian audiences and the information within may not apply to other regions.
Have you been injured as a result of a motor vehicle accident and you are unable to identify the party at fault?
In Victoria, if you are injured as a result of a motor vehicle accident, you may lodge a TAC claim.
The Transport Accident Act (TAA), allows for No Fault (Statutory Benefits Claims) as well as Fault Claims (Common Law Claims).
In order for the TAC to accept a No Fault claim for compensation, there must be proof that you were injured in a transport accident. You do not necessarily have to identify the other vehicle involved or that it was at fault. No Fault entitlements can include things such as wages, medical expenses and if you have permanent impairment, lump sum compensation.
The TAA also provides a mechanism whereby you can recover damages from the TAC. If in the event that you can prove that the accident was the fault of another party (even in part) that you can’t identify.
Making a TAC Claim
In order to make such a claim you need to first establish that you have suffered a Serious Injury. (See our TAC blog to learn more about these subjects.) You must also prove that the accident was the fault of someone else who you can’t identify.
In the event that you are unable to identify the party at fault, you must inform the TAC and provide the TAC with as much details as possible, as soon as possible after the accident. The TAA sets out the details you are required to provide, including:
- Name and address of the Claimant;
- Date and Place of the Accident;
- General nature of the injuries; and
- A short statement detailing the circumstances of the accident.
If you do not provide this information, or do not provide it within a reasonable time after the accident, the TAC may raise a defense on the basis that they have been prejudiced by the failure to give notice or failure to provide notice within a reasonable time.
Credit and Reliability of your evidence for your TAC claim
As the Defendant’s driver will not be able to give an account of how the accident occurred, a heavy reliance is placed on the Plaintiff to provide a true account of the circumstances of the accident.
Therefore, the Plaintiff’s credibility can be considered crucial to the success of the claim.
Objective evidence such as witness statements, police reports, ambulance reports and hospital attendances are also crucial and is often used to substantiate claims about the accident circumstances.
The best evidence is usually evidence that is closest in time to the accident because memories often fade over time.
Therefore, if the Plaintiff proves to be dishonest, the claim is likely to be defeated. It is vital that the Plaintiff’s credit remains intact. That the Plaintiff is forthright and honest in their claim.
In summary, to assist you in making a successful claim for compensation you must ensure a few things. It is important that in this unfortunate event where you are injured in an accident with an unidentified vehicle that you notify the TAC as soon as possible. You also need to book an appointment with a lawyer. This will help you ensure that you have complied with your obligations under the TAA.
Please Contact Zaparas Lawyers should you require assistance.
More blogs relevant to TAC below: