Car Accident, Who Pays for Injuries?

New driver here, curious on this.

Hypothetical scenario:

If I drive my friend to a party or work, car accident happened, I am at fault and my friend is injured, I got third party insurance.

Who pays for my friends medical bills, lost wages, out of pocket expenses?

Comments

  • +8

    Your profile says you're in Vic, so TAC will pay for claims related to personal injury.

    Refer to this link for more information.

    • In including lost wages? How much is TAC?

      • +1

        Lost wages is a definitely a component of the claim but there may be thresholds to be met.

        How much is TAC?

        TAC is paid at the time you pay for your registration (you'll see it as a separate item on your rego renewal cost). The "third party insurance" you mentioned that you have is only to cover any property damage you cause to someone else's properly. This doesn't cover personal injury.

        • Does CTP cover all the wage lost, medical bill etc? Or you need to sued the at fault driver for complete compensation?

          • +6

            @worldpc:

            Does CTP cover all the wage lost, medical bill etc?

            You're in Vic. There is no CTP (like NSW). In Vic, it's TAC and that's it. They pay for all the wages and medical bills. TAC will not seek to recover the costs from the party at-fault because every registered car has paid their TAC levy. (That levy is pretty much the owner paying for insurance already).

            The scheme was designed to try and prevent at-fault drivers being sued personally for medical costs etc into bankruptcy after an incident - which is what you seem to be worried about right now - so relax.

            • @bobbified: Ye, was driving my friends to a party last night, today my dad told me if I have to face lawsuit if accident happens and I'll be bankrupt etc, kinda freaking out.

              Can my my friend still sued me if he is not happy with the TAC compensation?

              • +7

                @worldpc:

                Ye, was driving my friends to a party last night

                Waaaaaait a minute - wasn't this a hypothetical? hahaha! ๐Ÿคฃ

                Can my my friend still sued me if he is not happy with the TAC compensation?

                TAC indemnifies you for the incident.

                If they try to sue you after the TAC claim, you pass the details onto TAC and they'll have their legal team fight for you in court. Any additional payments to be made after the court case will be made TAC, so you're safe.

                • -1

                  @bobbified: Well luckily the accident part is hypothetical, but can the passenger not apply for TAC and going straight after the driver if they feel they can get more money that way?

                  • @worldpc: What? There is no such thing as going after the driver personally. TAC INDEMNIFIES the driver.

                    • @bobbified: Oh good to know, now I can relax thanks.

                      • @worldpc: So tell us.. what happened? ๐Ÿ˜

                        • -2

                          @bobbified: Nothing everybody is alive and well, maybe a little hangover but otherwise fine๐Ÿ˜‚

                          • @worldpc: Being evasive, I see.. maybe there is a way to sue someone personally! hahaha

                            • -1

                              @bobbified: Better call Saul

                              • @worldpc: btw, If there's any suggestion that you were drinking (such as your passenger making the allegation), you could easily be in a world of pain.

                          • +2

                            @worldpc: Drink driving? 0 limit for p-platers?

                            What are you not telling us? ๐Ÿค”

                          • @worldpc: Hopefully no hangover for you

              • @worldpc: OOI, was there something more to it? Peer passenger restriction, perhaps?

              • @worldpc:

                Ye, was driving my friends to a party last night

                This guy.

              • +2

                @worldpc: Your dad is a flog

    • -1

      In NSW this is covered by the "Green Slip"

  • Read your third party policy insurance inclusions. There are different types that have different coverage.

  • +1

    CTP and third party are different.

    CTP will cover injury. Third property is optional and will cover damage to property.

    I assume there's a similar set up in each state.

    • Does CTP cover all the wage lost, medical bill etc? Or you need to sued the at fault driver for complete compensation?

      • +1

        See the other response and have a look at the link provided.

        Got a MS paint diagram of this "hypothetical" accident on the way to your friend's work party?

        • ๐Ÿ˜‚No, nothing has happened, just something that my father said freaks me out, like I don't have the same insurance as taxi driver do, so if my passenger is injured I am going to be sued and bankrupt.

          • @worldpc: Taxi drivers need additional insurance because they are taking passengers for money as a business. Giving a friend a lift is not a business, even if they give you petrol money.
            Based on what you have said, your Dad is not correct about this in Victoria.

  • +1

    What are you planning to do to your โ€œfriendโ€?

    • Things ๐Ÿ˜‰

    • +1

      May involve rupturing an ACL.

  • yeah I'd rather pay for my friend's uber trip.

  • +2

    I had a crash in which a friend was injured. We were at a social event. She travelled home with someone else. They stopped on a pedestrian crossing and let her out to walk the final 50 metres to her home. She walked around the front of the car and, engrossed in conversation with the car's occupants, stepped out onto the crossing without looking. I had slowed, but not enough that I could stop without hitting her. It was a crossing so I was held responsible. Her stepping out without looking from behind a car she'd just got out of wasn't an excuse. The police didn't book the driver who'd stopped partly across the crossing.

    She sued me for the slight injuries she suffered - bruising - and psychological injuries, with my CTP insurer standing in for me, and she got compensation from them. The only consequences for me was the booking and licence suspension for that.

    It was almost funny afterwards. People would say that they'd heard she'd been run down, and that he must be a terrible driver. She'd laugh, point at me, and say "it was him". Everyone would act very embarrassed and change the subject.

  • Yes. Its your fault if your friend is injured, you'll have to live with the guilt of having injured them but you wont have to pay for their medical bills.

    Dont freak out. Driving is a serious task that has very serious consequnces when it goes wrong, but doesnt mean you ARE going to crash. Just means you have to drive carefully such that you try not to crash. Dont be a goose, follow the rules etc and you'll likely never have to go through the claims pricess.

    • Depending on the circumstances the Police may lay charges.

  • I don't know what your angle is, but I've heard hitting a government car is better.

    https://youtu.be/HlvUFQwCylE?si=lWJEqy5185H-x9cp&t=20

  • Depending on the state, though the compulsory third party insurer will pay for the injuries, the insurer may come after you for reimbursement if there's an issue with coverage, e.g. you're intoxicated or unlicensed at the time.

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