The TAC and Car Accident Claims — Q/A Podcast with Henry Carus
*This is the official transcription in english of a podcast that was given on a chinese radio station. Answering the questions is Henry Carus.
Question: What will be our topic for this week?
Answer: I want to get back to a subject I have covered a few times in the past and that is the TAC and car accidents. I have just finished creating videos for our firm’s website and I want to try and explain to everyone how the TAC operates. The videos are in English and I thought it would be good to cover the information for our Chinese listeners.
Question: I sense that you think the information is important?
Answer: Yes it is. As I see all the time that people do not understand how TAC operates. And in not understanding they lose out so much on what they should get as benefits and in compensation.
Question: Where would you like to start?
Answer: I want to start with a basic overview again, and then give some recent examples. I would love if our listeners could give this careful attention, and if they have any questions along the way to call in please.
Question: Ok, what would be your overview?
Answer: TAC is an abbreviation for Transport Accident Commission — It has been created by legislation and is governed by that legislation. It has a number of different roles, which are:
— It is a government agency that is meant to deliver benefits to all those injured as a direct result of a transport accident.
— It is a government agency that decided whether a person can get access to compensation at common law — which is quite generous by evaluating if a person has been seriously injured.
— It is a government insurance company meant to defend the interests of the person who may have caused the accident that has injured you, and in that role it acts against
Funny, it is also charged with taking measures to try to reduce car accidents, and it is in that role that most persons see the TAC as they put out tremendous amount of advertising trying to reduce accidents.
Question: Yes, why do they advertise so much?
Answer: Well, in my view there is a great social benefit to the Victorian community to have less accidents, and then there is the practicality that every accident that can be avoided saves the TAC a tremendous amount of money.
Question: Why is each accident worth a tremendous amount of money?
Answer: Because of the benefits part of their role. Each person that is injured is entitled to medical and related benefits for the remainder of their life, so long as it relates to the accident injuries.
Question: Are you saying that if I have an accident today and injure my knee, I can get covered for medical benefits 30 years from now?
Answer: Yes, and you have selected a part of the body that commonly causes problems many years after the accident. I see so many persons that simply get a bang on the knees at the time of the accident, but have much more serious injuries elsewhere. The medical attention is on the serious injuries and not much at all about some bruising on the knees.
As the years go by the knees start to ache and eventually they are off to a specialist that is telling them they need treatment and if it does not get better they may need surgery.
TAC does not like these matters at all. I commonly see them deny the request for payment of any medical benefits as they will not accept any knee condition. But I am getting off the trail, let us get back to the overview.
Question: Well, the second point you mentioned was they decide who is seriously injured?
Answer: Yes, they do, and it is meant to be a separate role. You have to ask for consideration for a serious injury certificate. And the TAC has created processes to manage this request, most of deals with getting as much information as possible.
Question: What kind of information?
Answer: The information includes;
— * A statement from the person injured
— * All medical records
— * Medical reports
— *Income information
Question: But if a person has lost 2 legs and is sitting in a wheelchair, it should be clear he is seriously injured?
Answer: Yes, you are right, but the systems created by TAC is not really meant to just answer the question if the person is seriously injured. But instead it is meant to give them as much information as possible for them to quickly move into their role as the insurance company for the person responsible for your accident. And remember in that role, they are acting against you.
Question: So, on the one hand you have to give them this information just to get your serious injury certificate to get access to compensation — And on the other hand they are going to use that information against you?
Answer: Yes, that is why our firm is not cooperating with them at this level. We see how they are operating and do not believe it really helps our clients. We are willing to give them information that is public information, but are reluctant to give them signed statements that will only be used against the client.
Question: What happens if the TAC says no to your request for a serious injury?
Answer: There is a legal process to contest them at the County Court — And I know lots of injured persons do not want litigation — But the history up to know is in favor of those injured when they go to court to get a serious injury certificate from a judge. The vast amount of the time, the injured person wins, and gets a serious injury certificate.
Question: If that is what is happening, why does the TAC refuse these persons a serious injury certificate?
Answer: Most likely, because they have a responsibility to insure that only serious injured persons get a certificate and so they feel a need to be restrictive.
Then there is always the statistical approach.
I have 10 persons who deserve a certificate, but I only give out 5 and reject 5. Of the 5 rejected, 2 may decide not to contest the matter. Of the other 3, 1 may lose on an application in court for one reason or another. So, in the end of the 10 who I thought deserved a certificate, only 7 got them.
I saved on 3, and where each one has an average cost to settle of say $240,000, I saved close to three quarters of a million, and that can pay easily for the litigation on the 3 that contested the denial and still come out ahead financially as an institution.
Now I am not in the TAC these days but when I was privy to their inside mind years ago, statistical costs of each matter was tracked and I am familiar with how many insurance operations looks at ways to dissuade giving compensation to an injured person.
Question: So, an injured person just becomes a number?
Answer: Yes, and that is how it is easiest for those who are trying to limit giving compensation can best do so. They can do it by not getting to know the injured person and having any feelings for them.
Question: That is hard to understand because you have said that at the same time, they are required to care for the injured person for the remainder of their lives.
Answer: Yes, and that is why I tell all my TAC clients that TAC acts in some ways as though they have 2 totally different personalities One for you and one against you.
Question: Let us get know to the third role as the insurance company against you.
Answer: Yes, most clients simply do not understand this role and so caught by surprise when it happens. Let me give you 2 examples:
One was a matter that I conferenced this week with the TAC. It was of a motorcyclist that had suffered badly in an accident with a car. He had received income benefits and medical benefits. And when he asked, was given a serious injury certificate. He believed the other car involved in the accident was at-fault and TAC would give him compensation. I had to explain to him that TAC was now in the role of an insurance company for the other car, and it did not see that the driver of the other car had done anything wrong.
The TAC had right after the accident happened taken statements from all concerned, its driver, and other witness by way of a private investigator. It had done so at the same time it was giving benefits to the my client who was seriously injured. So, it was playing both roles at the same time, unknown to my client.
Question: What happened at the conference?
Answer: TAC gave me its view and said no offers would be made to give common law compensation to this injured person.
When I told that to the client, he could not understand. He said they had paid benefits, and given him a serious injury certificate. Why not compensation, and that is when I explained TAC was against him now as an insurance company.
Question: Wow, how can that person trust the TAC again in the future for benefits?
Answer: See your point, yes that will be hard. Then let me give you the next story. At another conference this week I was presenting, and I do all the conferences for my clients against the TAC.
Question: Why is that?
Answer: A Well, I am a former trial lawyer, comfortable with mediation processes. I also was an insurance lawyer and understand agencies like the TAC. And I know my clients, and believe I can do a better job personally. And last, I wish to keep careful watch on how TAC is behaving. As they constantly like to shift tactics to see how they can get a better deal.
Question: What happened at this conference?
Answer: It was for an 80 year old woman injured in a tram, when the driver took off from a tram stop very fast before she was seated and she fell to the ground and badly injured her wrist. Again, TAC gave benefits, and gave a serious injury certificate.
And showed up at the conference saying the tram driver did no wrong and relied on his statement. Fortunately, our clients had done their own homework early on and had obtained statements form other tram passengers that supported the poor driving habits of that tram driver and how the accident happened.
This client and her husband clearly understood that they had to be able to prove fault, and had done their homework. So many persons do not understand that aspect of the TAC.
Question: And that is why you have done your videos for your website?
Answer: Yes — And that is why I so strongly suggest everyone injured in a TAC accident go and see us asap. We are so knowledgeable about how these insurance minded agencies operate, that we do our homework right away and get the evidence needed to win.
So with the 80 year old woman, after reading to TAC the statements, they went from saying there was no responsibility — To accepting full responsibility for the accident. What a turn around.
Question: And all simply based on doing some early homework?
Answer: Correct and doing it many time at the same time TAC is doing it or better yet, even before they get around to doing it. That is really the best position to be in, when your evidence, statements from witnesses is the earliest as it best represents a person’s memory of an event.
Question: So, your overall mention to our listeners today is be aware of who the TAC really is and get a lawyer to protect you asap?
Answer: You have summoned it up perfectly.