If you’ve been injured in a motor vehicle accident in Victoria, you can lodge a TAC claim for loss of income, medical expenses, some other expenses as well as, dependent on the level of your injuries, lump sum compensation. If your initial TAC claim is rejected or TAC make an adverse decision about benefits they are paying, you have options to have these decisions reviewed.
There are three ways a decision can be reviewed:
- through a dispute resolution process; or
- though the Victorian Civil and Administrative Tribunal (“VCAT”).
What do I have to do to challenge a TAC decision?
- Get a copy of the TAC decision in writing.
- You have 12 months after you receive the decision in writing to formally challenge the decision.
- If you want to request an informal review of the decision, write to TAC and ask them to reconsider. This does not protect your time limit to challenge the decision. We recommend you seek advice from a lawyer experienced in TAC claims before writing to TAC yourself.
- To go through the dispute resolution process, you will need a lawyer acting for you.
- Your lawyer should give you advice on the likely outcome of challenging a TAC decision and they should lodge the application on your behalf.
- Once an application to dispute the decision is lodged, your lawyer will provide the TAC with a statement prepared for you, in consultation with your lawyer, together with any other supporting documents.
- An informal conference will be held with the TAC to negotiate an outcome.
- If the dispute cannot be resolved as part of the dispute resolution process, you can lodge an application to have the dispute heard at the Victorian Civil Administration Tribunal (VCAT). You should engage a lawyer to assist you with this.
If your TAC claim has been rejected or you have received notification from TAC that they are stopping any of your benefits, you should seek immediate legal advice about your options.
At Polaris, we are experts in TAC claims. You can get in touch directly with today’s blog writer, Megan Caines for an initial free consultation to assess your claim and your options.