After a road accident (car, truck, motorcycle, bicycle or pedestrian) and once your TAC claim has been accepted, the TAC should begin paying for your medical expenses and loss of income benefits. You may also be eligible for pain and suffering compensation once your injuries have stabilised.
Payments for medical expenses and loss of income
You will have to supply TAC with financial information for them to determine your payments for loss of income.
You must supply a “certificate of capacity” (similar to a medical certificate but specific to your TAC claim) for medical and other expenses to commence and you must continue to supply these certificates for the duration of your claim period.
Payments for pain and suffering
Access to pain and suffering compensation and compensation for future wage loss is a slower process.
Everyone’s claim for lump sum compensation is different. It can often take a lot longer than you think it should. There are two main reasons for this.
1. Compensation is a one-off payment which depends on the long-term impact of your injuries
Your claim for compensation cannot be completed until your injuries have “stabilised”. This meansthat the injuries are unlikely to get much better or worse in the near future, and there is no further surgery planned.This is because you can only claim lump sum compensation once for your motor vehicle accident injuries, and the amount of compensation which should be paid depends heavily on the long-term impact of the injuries on you.
If your claim for compensation is resolved but then your injuries worsen, you cannot come back to the TAC to ask for more compensation.
Although your claim for compensation can’t be finalised until your injuries have stabilised, there is plenty of preparation that you and your legal team can do to make sure that your claim for compensation can be resolved shortly after your injuries have stabilised and major treatment has been completed.
2. Delay by lawyer or insurer
Unfortunately we often see that claims for compensation take longer than they should because the injured person’s lawyer isn’t doing everything they can to progress the claim for their client.
This can happen either because the lawyer does not have expertise in TAC compensation claims and does not know how to navigate the system for their client. They may also be unable to keep the insurer accountable for progressing the matter. Remember, the insurance company’s interests are not the same as yours and it’s important that your lawyer be vigilant with holding the insurer to account.
The lawyer may also have too many cases piled up on their desk – meaning that your claim for compensation sits in a queue until the lawyer has time to give it the attention that it needs.
At Polaris, we work on the basis that you and your claim deserve care and attention from an expert TAC compensation lawyer, and work for a small number of clients to get great outcomes without unnecessary delays or costs.
If you’ve been injured in a motor vehicle and have an accepted TAC claim but you’re not receiving your income or your medical expenses are not being paid, get in touch directly with today’s blog writer, Nick Mann for an initial free consultation.