Do passengers get paid in car accidents? (Vic)
Anyone involved in a transport accident can bring a TAC claim.
This can be as the driver of a vehicle, as a passenger in a vehicle, as a pedestrian that was hit by motor vehicle, a witness to a car accident, or was injured as a result of a car or other motor vehicle being driven.
They can also claim common law damages if either the driver of their vehicle or another party was at fault.
What benefits are payable?
Anyone that has sustained an injury can bring a TAC claim for statutory benefits.
What this means is payment of medical and like expenses, loss of income payments in some circumstances and the potential to claim an impairment benefit lump sum.
In circumstances where there is fault on behalf of another party, these people may also be able to bring a common law claim for damages.
In circumstances where you are a passenger in a car and the driver of your vehicle is at fault, you will be able to claim the TAC benefits mentioned above.
When it comes to bringing a common law claim against the driver, they will be insured by the TAC and as long as the vehicle was registered and the driver was not engaged in committing a serious crime, then they will be indemnified by that TAC.
Bringing claims against family members
What this means is that you can bring a claim against your own partner, relation, or friend and they will be no worse off as the TAC will cover any damages payable to you.
It is quite common for people to bring common law claims against family members in the TAC scheme.
If the vehicle passengers were children, the responsible adult for those children will need to notify that TAC and make claims on their behalf.
In a situation where a family is involved in a car accident, the non-driving parent would be able to bring common law claims on behalf of the injured children against the driving parent.
Other situations
Passengers will receive the same range of benefits as drivers of motor vehicles or other injured parties.
Passengers don’t have a “pool” of compensation that they share from, each passenger is entitled to all regular TAC benefits at the regular rate.
What if the passenger was drunk or misbehaving?
As long as the passenger wasn’t committing a serious crime at the time of the accident, they will be entitled to regular TAC benefits.
If the caused or contributed to the accident occurring, they may well not be able to bring a common law claim or may receive reduced damages.
What if the passenger wasn’t wearing a seatbelt?
They will still be able to claim TAC statutory benefits, but if they have a common law claim, the damages they can claim may be reduced depending on how much the lack of wearing a seatbelt contributed to the injuries sustained.
Conclusion
Passengers and other people not driving a motor vehicle can claim TAC statutory benefits in the same way as a driver can, at the same rates.
Passengers can bring common law claims against the driver of the vehicle they were in if the driver was at fault.
