If you are involved in a transport accident and you suffer injury you may be eligible for a VOCAT (Victims of Crime Assistance Tribunal) claim. If you can establish that the incident involved a criminal act VOCAT may grant assistance by way of special financial assistance and loss of earnings. The driver does not necessarily need to be charged or imprisoned for VOCAT to make an award.
Driving a motor vehicle at a speed or in a manner dangerous to the public, considering all the circumstances, and causing serious injury or death, is punishable by imprisonment—even if the driver did not intend to harm anyone.
Victims of crime applications should be submitted within two years of the injury date. If filed after this period, victims must provide reasons for the delay. However, a lack of knowledge about legal rights is generally not considered a valid excuse for an extension. Therefore, practitioners should review cases where the injury resulted from conduct that could be classified as a crime and consider whether a VOCAT application would benefit their clients. If a client wishes to file a claim, it should be done within two years of the injury or as soon as possible.
An injured person or the relatives of the person killed may be entitled to assistance from both the TAC and from VOCAT. VOCAT will not provide assistance which is available from the TAC, but can 'top up lost earnings by up to $20,000.00, could provide special financial assistance of up to $10,000.00, provide compensation to relatives in the event that the accident causes death of up to $100,000.000 and, in exceptional circumstances, can reimburse expenses which the TAC is not liable for.
VOCAT pays all the legal fees associated with the application.
Our personal injury lawyers have been helping transport accident victims and victims of crime in for over 40 years. Recently our firm assisted a family of 5 whose close relative had died in an accident as a result of a criminal act. They were awarded $100,000.00 from VOCAT which was split equally between them and each had their own claim against the Transport Accident Commission for damages resulting from the criminal act of the driver.
Contact our Personal Injury team to find out more https://www.nlgsolicitors.com.au/services/injury-compensation
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