ROAD ACCIDENTS IN VICTORIA: GETTING YOUR MEDICAL EXPENSES PAID

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Medical expenses and the TAC (Transport Accident Commission)

If you are injured in a transport accident in Victoria, the TAC will pay your reasonable medical and like expenses.

Normally, you are required to pay the first $564.00 (as at May 2008) of medical expenses. Once this ‘medical excess’ has been reached, the TAC will then fund approved medical expenses. However, if you are an inpatient in hospital for one day or more, this excess is waived. Also, if one or more members of your immediate family were injured in the same transport accident, only one excess needs to be reached (i.e. $564.00 for the whole family).

You will often find that between visits to the General Practitioner, scans and medication, this medical excess is reached quite quickly. Treatment which is bulk billed is counted towards this medical excess. It is therefore important that you get a claims history statement from Medicare and retain all your receipts from the date of the accident, and forward these to the TAC with a completed ‘Medical Excess form’. If you are unsure what can be used to offset the medical excess, we suggest you contact a Victorian Car Accident Solicitor. Once the medical excess is reached, you can submit your receipts to the TAC for reimbursement.

It is important that you obtain prior approval for treatment from the TAC. Generally this is achieved by having a health professional make a written request for treatment to the TAC. The TAC will then make a decision as to whether or not they will pay for this treatment, and the quantity of such treatment. If you are experiencing any difficulties in having your treatment approved by the TAC, you should seek advice from a Victorian Car Accident Solicitor immediately.

Time limits apply

With any decision made by the TAC you have 12 months from the date of that decision to have it reviewed at the Victorian Civil and Administrative Tribunal. This is a strict time limit. If you are unhappy with any decision made by the TAC you should seek advice from a Victorian Car Accident Solicitor immediately. If you do not challenge this decision within this time frame, you will be barred from ever having it formally reviewed.

It is important to note that with any medical expense incurred, you only have a maximum of 2 years to seek reimbursement from the TAC. Once a period of 2 years has elapsed, the TAC is not obliged to consider reimbursement of the medical expenses incurred by you.

Examples of medical and related expenses

Examples of medical and like expenses include, but are not limited to:

Any travel related costs associated with medical appointments for the TAC and obtaining treatment for injuries caused by the accident can be covered by the TAC.

Examples of travel expenses covered:

• Public transport
• Personal kilometres travelled in a private vehicle
• Taxi costs
• Airfares

Make sure you obtain prior authorisation from TAC that these travel expenses will be covered before you incur them. If your doctor is of the opinion that, because of your injuries, you require a taxi to transport you to and from medical appointments, ask them to write to the TAC seeking authorisation that they will cover this cost.

Rehabilitation and Disability Services

Examples of rehabilitation and disability services:

• Physiotherapy
• Pain management
• Return to work program

Housekeeping and domestic services

When recovering from injury, simple day-to-day chores can often be extremely difficult, if not impossible. The TAC can provide support to assist you.  This help can range from a couple of hours per month, to several hours per week.

Examples of housekeeping and domestic services:

• Cleaning
• Washing
• Mowing
• Gardening
• Meal Preparation
• Dressing

Childcare

If the injuries you suffered from the accident have limited your ability to care for your children, the TAC can provide you with child care services for up to 5 years after the accident. As with housekeeping and domestic services, the amount of hours you are provided with can vary from person to person.  If you are unhappy with your allocation of child care services, you should seek legal advice.

Equipment and aids

Examples of Equipment and aids:

• Walking sticks
• Special mattresses
• Tilting chairs
• Modified footwear
• Gym equipment
• Modified cleaning appliances such as lightweight vacuum cleaners

Modifications to your home and vehicle

Examples of home and vehicle modifications:

• Ramps for wheelchair access
• Shower rails
• Toilet chairs
• More controls on the steering wheel
• Modifications to allow wheel chair portability