There are many circumstances which are called “transport accidents”. But when the accident is not a “transport accident”, the Transport Accident Commission (TAC) may still pay compensation if a registered car is involved.
This is because the law requires the TAC to insure owners of vehicles who cause injury, “arising out of the use of the vehicle.”
Law Institute of Victoria Accredited Specialists in Personal Injury Law, Partner Michael Lombard and Senior Associate Genna Angelowitsch dealt with this issue in what is known as the “Garbage Truck Case.”
A cafe owner in Yarraville was standing out the front of his cafe when a garbage truck came to collect the rubbish. The mechanical arm picked up the bin but spilt some rubbish on the footpath.
The driver left the truck, intending to clean up the mess, leaving the mechanical arm up in the air. Without warning, the mechanical arm came down on the cafe owner crushing his shoulder.
The TAC informed him he was not covered under the scheme, so he came to Adviceline Injury Lawyers.
Michael Lombard explained that this was correct but because he had been injured due to the negligence of the owner or driver of the registered truck, he could sue for compensation for all his expenses, lost wages and his pain and suffering.
Although the cafe owner was not directly covered by the TAC scheme with all the ‘no-fault benefits’, the TAC were required to stand behind the negligent owner as the accident occurred in a situation “arising out of the use of a motor vehicle.”
Through their extensive expertise and understanding of the law, Michael and Genna were able to obtain a lump sum payment for the cafe owner.
If you have been injured from the use of a motor vehicle, we encourage you to contact one of our TAC lawyers on (03) 9321 9988 for obligation free advice about your rights and entitlements.