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Compensation for Motor Vehicle Accident


RGR

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As some of you know I came off my bike just before the ACS almost 2 weeks ago. Old mate opened his door into me which resulted in a broken ankle. I also flew into another car. Was only doing about 20-25 kmh... He admitted fault and there was a witness. He put in a claim and insurance and TAC are covering everything.

 

What I was wondering was is there a path to go down to claim compensation? Who do I see? Has anyone done it? I had a guy ring up about a job the next day but I am out of action for upto 2 months. Be interested to hear about any advice anyone might have.

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Yeah was thinking of hitting up Slater and Gordon etc just not sure about the fees etc.. Dont wanna get tied into to something yet without getting advice prior...

 

I think they have a no win no fee policy, you just need to see what the payout is likely to be when they take their fees out of the equation goodluck

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I have no idea how your laws are in Melbourne but in NSW, cars and bikes must remain 1 meter apart from each other so considering he was parked that would mean it was you that did not maintain the 1 meter rule because a car door does not open 1 meter.

 

If I were you I would be checking very quietly if the 1 meter law applies in Victoria and if it does, be happy no one has picked up this exact point yet and be content with having your medical bills paid.

 

Chances are if you do go for compensation, you will need to go to court and it will be there someone points out you should have been a meter away so there for it is you at fault and you pay not only your own medical costs but also the car owner repairs.

 

If you have no 1 meter law in Victoria, I'd go for what I could get. No matter what you get will never be enough for the pain that ankle will give you later in life.

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As much as I hate litigation for little to no reason I think you deserve a bit better as it wasn't your doing.

 

I also hate litigation for the reason that people take the piss and try to sue for anything.. and i agree that a broken ankle from a door that was opened on you is fair ground for compensation.

I was involved in an accident years ago and i was advised to pick a solicitor, take the police report to them and at least get on their files for the future.. i did but never took it any further.. they hassled me every couple of months to take the matter to court and they would take their fee out of whatever was awarded to me. At the end of the day i only chipped a couple of teeth so i left it.

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Yeah the hassling worries me. Also would the other parties in the accident be contacted? They did admit fault so not sure I wanna put them through anymore BS... Although I am the one that cant do shit for 2 months.
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You're entitled to compo I would think for loss of income, pain and suffering, psychological trauma etc etc and this is exactly why we pay CTP - compulsory third party insurance, to protect against bodily injury. Is how I understand it anyway.

 

Ambulance chaser lawyers are leaches - and as above, no win no pay means that they won't take on your case unless they are certain that you'll win, and then they take a large whack of your payout.

 

The first consultation is generally free so shop around perhaps..

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Yeah the hassling worries me. Also would the other parties in the accident be contacted? They did admit fault so not sure I wanna put them through anymore BS... Although I am the one that cant do shit for 2 months.

 

I can't remember exactly how long it took for them to stop ringing me, but you only have a window of a couple of years i think to pursue it. So the idea is to pick a solicitor, get your paperwork to them and then wait and see how the healing process goes. It may cost you a lot in physio or you may be out of action for a longer period of time than first expected.. so wait and see how it turns out and then you can decide what you want to do.

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Dont know about where you are, but in WA third party on your rego covers for injury, not sure if your 3rd party covers injury, cant see why not.

 

As for Slater and Gordon, just be careful, I am using them at the moment, Charges can get away from you pretty quickly, every time you phone, send a email, ask a question you are charged, when they answer, you are also charged, I just had a 15 minute phone call last week that cost me $460, I would ring the guys 3rd party insurers and see what they are going to do for you first before getting lawyers involved, they might offer a decent payout straight up without giving the roaches a nibble.

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Most lawyers will offer a free 30 minute consult, where they take basic details and advise of possible costs and outcomes.

 

Trouble is, it often costs more money than it's worth. You may be awarded $10,000 in your favour, but a lawyer will easily soak up 75% of that. Then there's the time and stress to factor in.

 

Best bet would be to speak to three individual lawyers who offer a free first consult and gather as much advice and info as possible. Legal Aid is also free and great for general advice.

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As I am aware, tac has almost set amounts now for different injury.

 

The lawyers can take more than 50% of what you get, you can claim loss of income etc

 

- - - Updated - - -

 

Ps remember we are all paying $800 registration because of all these tac claims, people who rort the system

 

If you are out of pocket that's fair enough

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3rd party being the insurance company that he has his comprehesive insurance with? In Vic 3rd party is tac or am I off the mark?

 

Sorry here in WA we have 3rd party insurance that is charged with your registration by the government, the government covers injury out of this.

Third party with your insurance company here only covers damage to another persons property.

If your TAC is a government thing then that's who you need to see, as they will be the ones paying, from what I have heard in WA its a fairly easy process, hope its similar for you there.

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I can't offer advice

but wish you well

Glad it wasn't worse

Still must be very inconvenient and losing a job opportunity you would think that you are entitled to some compensation.

 

Good luck with it all

Hope you are making NZ still

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I was on a motorcycle not a push bike. In Vic it is legal to lane split between traffic and parked cars.

 

Never understood why it is allowed with parked cars, because its so f--ken dangerous for every one. as you have found out.

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In Vic, TAC cover is for personal injury or death from accidents through the rego of vehicle and is compulsory. Optional 3rd party private vehicle insurance is generally for property damage. Not sure if TAC covers loss of income but pays medical. As for a broken ankle I think 2 months recovery is calling it short. Hope you recover well. If you don't have income protection then maybe you need to see about some financial compensation and get it in writing and negotiate a price.
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Just got my Rego renewal today. On the back it explains what TAC and Vicroads do.

 

Here's what it says about TAC (my emphasis in bold):

 

In Victoria, the Transport Accident Commission (TAC) works to prevent accidents and support those who have been injured on our roads.

 

The TAC pays for medical treatment, rehabilitation services,
income assistance, travel and household support services
to help you get your life back on track after a transport accident.

 

So contact TAC again and see what you're entitled to through them. It's more than paying for medical and rehab.

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TAC covers all of that stuff. Mate's wife hit a tree, single car accident, got payout, med bills, home help including house cleaning etc. Payout amount is based on percentage of disability and injury so will need medical assessment when requested. Talk to TAC first then lawyers if you think it is necessary
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