Car accidents are a frequent occurrence, affecting people from all walks of life. With millions of drivers sharing the roads daily, the chances of encountering a car accident have increased. These incidents can be triggered by distractions such as phone calls, texting, fatigue, or numerous other factors diverting attention from the road. Such situations can lead to the occurrence of either minor or major car accidents. These accidents can impact the life of victims, and even seemingly minor collisions can result in significant personal injuries and vehicle damage. We hope this guide can help you on your way to getting the full compensation so you can focus on recovery.

If you have suffered an injury in a minor or major accident, you may be eligible for compensation, and our team of road accident lawyers in Melbourne are here to guide you through the process. In Victoria, the Transport Accident Commission (TAC) offers no-fault compensation to individuals injured in road accidents on Victorian roads or while travelling in a vehicle registered in Victoria.

To access this support, eligible individuals can go through the TAC claims process, which allows them to receive compensation for their injury-related expenses and losses. This starts with lodging a TAC claim. It is important to note that for adults you have 12 months from the date of the transport accident to lodge this claim. The TAC also has the discretion to accept claims up to three years. For minors, they have up until three years of turning 18 years of age to lodge a claim.

This is where a TAC injury lawyer can help. While it is crucial to file a TAC claim promptly after the injury, it is equally important to consult a road accident lawyer who can provide comprehensive information about your TAC claim and the process.

Before we get started on the process it is first important to understate the difference between a minor and major car accident.

What is considered a minor car accident?

In a minor car accident, the collision usually occurs at low speed and has minimal impact, resulting in minor damage to the vehicles involved. Any injuries that may arise from such accidents are generally limited to muscular or soft tissue discomfort.

What are the common injuries in a minor car accident?

Common minor car accident injuries result in neck and shoulder pain, headaches, muscle aches, and sprains. However, it should be noted that even in low-speed, low-impact collisions, minor car accidents can still result in ongoing injuries. Rear-end collisions, in particular, have the potential to cause head trauma or neck injuries like whiplash, even when the impact seems insignificant.

What is the best procedure after a minor car accident in Victoria?

The best procedure and steps to take after a minor car accident in Victoria are the following:

1. Car accident occurs.
2. Obtain information about the other party involved in the road accident, including
   • Full name and address
   • Contact phone numbers
   • Licence and registration details
   • Insurance information
   • Vehicle make and model.
3. Take photographs of the damage to your vehicle and the accident scene.
4. Obtain contact details of witnesses, including requesting copies of any photos and/ or videos taken.
5. Dial 000 to arrange for necessary Emergency Services teams (Police, Ambulance, Fire) to attend the scene of the accident.
   • If not necessary, at a later stage you must:
     • Seek medical attention and help for assessment of your injuries
     • Report the accident to the police / relevant public transport authority (if the accident occurred on public transport) to acquire reports for the purposes of your insurance claim
6. Contact your insurer and provide details of other parties and witnesses to the event.
7. Make a TAC Claim online or lodge via the hospital providing urgent medical treatment.
8. Seek legal advice and representation from an expert road accident injury compensation lawyer in Melbourne.
9. Attend a medical assessment for an independent evaluation of your injuries.
10. Submit a serious injury application.
11. Once a serious injury certificate is granted, parties seek to settle the matter out of court through an informal settlement conference. This is called the pre-litigation phase.
12. If no resolution is achieved at mediation, further legal proceedings commence.
13. The hearing date is set.
14. The legal case is heard before a court to determine appropriate damages

If you are injured as a result of a car accident it is recommended that you call our No Win No Fee lawyers on 1800 85 30 85 to help you gather all the documentation and materials required to ensure that you receive the full benefits that you are rightfully entitled to. Contact us today, we are always here to help.

What is considered a major car accident?

In a major car accident, the collision usually involves moderate to high speed which results in a hard impact or multiple impacts. This can result in major, sometimes life-threatening injuries or even death.

What are the common injuries in a major car accident?

Common injuries resulting from major car accidents typically involve the head and neck, with possibilities of brain injuries that vary in severity from mild to moderate or severe, depending on factors like bruising, bleeding, or swelling. Limb injuries, including loss of limbs spinal injuries or paralysis, are also frequently reported in such accidents.

What is classified as Serious Injury in a TAC claim?

A serious injury in a TAC claim is defined by the Transport Accident Act 1986 as a single significant injury or multiple injuries that have occurred as a result.

These include:

• Serious loss or impairment of body functions;
• Serious long-term disfigurement;
• Severe long-term mental distress;
• Loss of a foetus;
• 30% or more of permanent impairment.

Serious injuries are compensated under a common law claim where you have suffered the injuries as a result of the negligence of another road user and have had and will continue to have a significant impact on your life long-term.

What is the best procedure after a major car accident in Victoria?

The best procedure and steps to take after a major car accident in Victoria are the following:

1. Car accident occurs.
2. Obtain information about the other party involved in the road accident, including
   • Full name and address
   • Contact phone numbers
   • Licence and registration details
   • Insurance information
   • Vehicle make and model.
3. Obtain contact details of witnesses, including requesting copies of any photos and/ or videos taken.
4. Take photographs of the damage to your vehicle and the accident scene.
5. Obtain contact details of witnesses, including requesting copies of any photos and/ or videos taken.
6. Dial 000 to arrange for necessary Emergency Services teams (Police, Ambulance, Fire) to attend the scene of the accident.
   • If not necessary, at a later stage you must:
     • Seek medical attention and help for assessment of your injuries
     • Report the accident to the police / relevant public transport authority (if the accident occurred on public transport) to acquire reports for the purposes of your insurance claim
7. Contact your insurer and provide details of other parties and witnesses to the event.
8. Make a TAC Claim online or lodge via the hospital providing urgent medical treatment.
9. Seek legal advice and representation from an expert road accident injury compensation lawyer in Melbourne.
10. Attend a medical assessment for an independent evaluation of your injuries.
11. Submit a serious injury application.
12. Once a serious injury certificate is granted, parties seek to settle the matter out of court through an informal settlement conference. This is called the pre-litigation phase.
13. If no resolution is achieved at mediation, further legal proceedings commence.
14. The hearing date is set.
15. The legal case is heard before a court to determine appropriate damages

If you are injured as a result of a car accident it is recommended that you call our No Win No Fee lawyers on 1800 85 30 85 to help you gather all the documentation and materials required to ensure that you receive the full benefits that you are rightfully entitled to.

Major car accident vs Minor car accident

The main difference between minor and major car accidents is that in the case of a minor accident, the level of injury is often less immediately obvious, with no immediate life-threatening consequences while in the event of a major accident, there is often a genuine threat to life and the injuries sustained may have a lasting impact on their life. The differences primarily revolve around impact and the resulting injuries. When any accident occurs, it is inevitable that some degree of personal injury may occur. Major accidents usually involve substantial injuries, while minor accidents tend to result in injuries that may resolve in time.

However, it is essential to remember that seemingly small incidents like ‘fender-benders’ can still cause whiplash or other soft-tissue injuries. Coping in the aftermath of an accident, regardless of its severity, can be stressful. Seeking medical attention is vital after being in any car accident and can help provide the proof needed if you wish to make a TAC claim.

Additionally, if you’ve been injured, seeking legal advice is always recommended. An experienced personal injury lawyer can help you understand the next steps to take and what is required for a successful TAC claim.

Can I file a TAC claim after a minor or major car accident?

If you have sustained an injury or injuries as a result of either a minor or major car accident, you are entitled to lodge a TAC claim. It doesn’t matter who was at fault. Once your claim is lodged, the TAC will assess your claim and determine your entitlement to statutory benefits which include loss of earnings payments (income supplement) and medical expenses. There are many types of TAC (Transport Accident Commission) compensation claims and procedures, tailored to the specific nature of the injury you have sustained. The most popular claims include Brain Injury claims, Spinal Injury Claims and Neck Injury Claims.

Find out where you stand. To discuss your injuries and the specific circumstances of your accident, speak with one of our TAC injury lawyers today.

Should I get a lawyer for a minor or major car accident?

Although it is not required by law to hire a lawyer following a car accident, whether it’s minor or major, it is important to consider the benefits of seeking legal representation. For example, some injuries may not always be immediately apparent, and dormant injuries that surface later can cause complications, resulting in a complicated claim. By seeking the assistance of a skilled TAC lawyer, you have someone on your side that can navigate the complexities of a TAC claim and can inform you of the laws surrounding motor vehicle accidents in Victoria. A car accident lawyer is also well-versed in specific Victoria law and can provide the guidance you need to protect your rights and pursue fair compensation. They can advise you on how to best fill out the necessary paperwork to maximise your chances of success, alert you to the evidence you will need to provide, and help you understand what compensation you may be entitled to.

In Victoria, TAC can also provide ‘statutory benefits’ which covers medical expenses, such as treatment and rehabilitation, and income support. You may also be eligible for a lump sum payment if you suffer from an ongoing impairment as a result of your injuries. A personal injury lawyer can provide you with information regarding these payments, and the criteria for these payments, and advise you on how you can make a claim.

We strongly recommend you obtain legal advice before disputing any decision made by the TAC. The benefits of working with a personal injury lawyer relating to a dispute cannot be understated. They can help you prepare the evidence in support of your position and increase your prospects of succeeding in the dispute.

What you need to know following a minor or major car accident in Victoria

Following a minor car accident in Victoria your need to follow the steps within this guide and always ensure you document everything to ensure you achieve the maximum compensation you deserve.

• Obtain your Traffic Incident Number (TIN). If you are a road traffic accident victim, you should always lodge a report and notify the Police, who will record your accident and give you a Traffic Incident Number (TIN). Remember to take any details of the police officer you are speaking to, including the officer’s name, badge number and station.

• Always keep the evidence. This includes photos, witness details, and every person involved during the process, including police and medical personnel. It is better to have the information and not need it than need it and not be able to obtain it. Make sure you collect all the information, write it down, keep it in a safe, accessible space and get advice on how and when you may need to use these details.
• Obtain the correct information as proof. Obtaining the right medical evidence is crucial for your case. Consult a registered medical practitioner to obtain the necessary documentation. Keep all relevant information readily accessible, including medical records, reports, receipts, and travel expenses. Being well-prepared with this documentation will help strengthen your position and support your claim effectively.

It is important that you get the best advice possible and not rush your claim or rush into a settlement. We understand wanting the process to be over as quickly and as stress-free as possible, but this will not always result in the best outcome for you.

Don’t rush into a settlement.

Ensure all information is provided and don’t rush to settle. No detail or information is too much, so be as detailed as you need to be with your lawyer. An expert TAC Lawyer will take all the details and information you have provided and let you know if any more information is required.

At Maxiom Injury Lawyers, our expert Personal Injury Lawyers will carefully assess all the details and information you provide. If any additional information is required, we will promptly inform you to ensure a comprehensive and effective approach to your case. We strive to secure the best possible outcome for you and for your recovery, which always involves paying close attention to every aspect of your claim.

Get legal advice.

Talk to a no-win no fee lawyer and provide them with all the information and details required. No question, concern, or worry is too much. An experienced TAC lawyer will have dealt with similar cases and can help advise you on everything you need. Feel comfortable to ask questions. This is your claim, and you are entitled to not only the maximum compensation but also the best legal advice to help you win your case.

Contact Maxiom Injury Lawyers today.

At Maxiom Injury Lawyers, our dedicated Road Accident Lawyers fight relentlessly to protect our client’s rights and are committed to keeping legal fees low so that you receive the maximum compensation. We can help you navigate the TAC scheme and help you access your statutory benefits.

We are here for you.

We firmly believe that the legal process is most effective when your lawyer genuinely works for your benefit, actively listens to your stories, and understands your concerns about the legal journey. That’s why we take great care to match you with an Accredited Specialist in Personal Injury Law, who will be readily available whenever you need support. They will stand as your advocate, ensuring your rights are protected and being your voice throughout the process. We will stop at nothing to ensure you receive the full and fair entitlements you deserve.

With over 30 years of combined experience, our track record includes securing more than $100 million in compensation for injured Victorians. Our Law Institute of Victoria Accredited Specialists in Personal Injury Law boasts a remarkable 98% success rate, assuring you that you are in capable hands as we guide you on your path to recovery.

Please speak to our TAC lawyers today and book a free initial consultation with one of Melbourne’s leading Car Accident law firms.