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The Statutory Limitation Periods for the Common Law Damages

Statutory Limitation Periods

Anyone who is injured in a motor car, bike, train or tram accident in Victoria has a potential entitlement to no-fault benefits or common law damages payable by the TAC.  This also potentially extends to persons who are injured interstate whilst travelling in Victorian registered vehicles.

In order to receive access to such benefits you must lodge a claim for compensation with the TAC with 12 months after the accident or within 12 months of the injury manifesting itself or becoming apparent to you, although the TAC has the discretion to accept claims up to 3 years after the accident has occurred or injury has manifested itself.

Any decision made by the TAC to pay or refuse to pay entitlements under the scheme is an administrative decision which can be challenged by an application being made to the Victorian Civil and Administrative Tribunal (VCAT) within 12 months of the person first becoming aware of the decision.

The TAC has an informal internal process known as the No-Fault Dispute Resolution Protocols whereby these disputes are informally mediated prior to formal proceedings being lodged as a means of seeking to avoid unnecessary time-consuming litigation where possible.  

Many matters are unable to be resolved under the protocols however and sometimes lodging a formal dispute before VCAT is the only way a person is able to have the TAC’s decision overturned or varied.

In order to bring a claim for Common Law damages, an impairment determination must first be made by the TAC.  A person has 6 years after the date of the accident in which to commence common law damages claim.  This can be extended under certain circumstances, however.  

In the event you have any questions about the operation of the limitations periods please contact u-Law immediately for free expert advice in relation to your case today.   

 

 

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