Australia’s leading lawyers for 2021 have been released by the prestigious Doyles Guide. Burt & Davies is once again honored to be recognised in the highest regard by their peers in the profession. The Guide is compiled following extensive peer recommendations and surveys.  It ranks lawyers according to practice areas and specialties.  Burt & Davies is again recognised for its ...

Have you been tempted by the offer for a “free online claim check”, if you have been injured?  Seen the TV advertisements or Facebook ads prompting you to “start your personal injury online claim check now”?  Become worried because they claim that “time is limited”, suggesting that there is some urgency. In short, online claim checks are not what they ...

The TAC collects data on the performance of law firms.  From time to time, the TAC provides the statistics to firms.  This allows us to benchmark our performance against all legal firms handling TAC common law claims.  In particular, the 5 largest law firms doing this work.* Burt & Davies is a boutique, specialist law firm.  We conduct only TAC ...

“They are good people. Could you be represented in a better way? – I don’t think so.” ...

“Clara & Peter were such an amazing support for me. They provided care to the level of what a family would provide.” ...

“The nature of my injury, I need TAC’s assistance to make sure I am not too much of a burden on my family… it is important to have a lawyer to help navigate that process. It has been very much a personal relationship.” ...

I would like to pay my sincere gratitude to the team at Burt & Davies for managing my TAC road accident case from January 2017 until late October 2017. Having any accident is traumatic enough, but when you have a serious injury you really do need the right advice and support during this time. Initially, when I first realised how ...

The term “transport accident” is defined in the Transport Accident Act 1986 (“the Act”) – the legislation that governs the operation of the Transport Accident Scheme in Victoria.  A Victorian transport accident is defined as an “incident directly caused by the driving of a motor car or motor vehicle, a railway train or a tram”. ...

The Transport Accident Commission (TAC) is the Victorian Government-owned agency that was set up to administer the transport accident scheme. The Transport Accident Act 1986 established the TAC.  The Act also governs the operations of the TAC and the administration of TAC claims. Under the Act, the TAC is required to pay no-fault compensation to those injured in transport accidents, ...

A person who is injured as a result of a transport accident is entitled to no fault benefits under the transport accident scheme if: • the accident occurred in Victoria; or • the accident occurred outside Victoria (but in Australia) and involved a Victorian registered motor vehicle and at the time of the accident the injured person was: • a ...

You can lodge a claim by ringing the TAC call centre on 1300 654 329 or toll free on 1800 332 556. ...

TAC has a legal obligation to fund reasonable accident-related hospital, medical and like expenses indefinitely. The payment of a lump sum impairment benefit or common law damages does not bring this entitlement to an end. However, if TAC considers that medical treatment is unrelated to injuries a claimant may have sustained in the accident, it can refuse to fund such ...

LOE benefits cease 18 months after the accident. LOEC benefits cease 3 years after the accident except in cases where the accident victim’s level of permanent impairment is determined by TAC at 50% or more, in which case the entitlement ceases upon the accident victim reaching normal retirement age subject to some conditions. In a practical sense, LOE and LOEC benefits will also ...

Yes. The TAC can pay a no fault lump sum benefit called an “impairment benefit”.  There are eligibility requirements to receive a lump sum impairment benefit.  TAC can also pay lump sum common law damages to seriously injured transport accident victims.  It does so as the Compulsory Third Party Insurer of all Victorian registered motor vehicles. ...

An impairment benefit refers to a lump sum payment.  It compensates a claimant for their injuries.  To receive an impairment payment, impairment must exceed 10%. Impairment is expressed as a percentage of the whole body.  The percentages are calculated using the Guides to the Evaluation of Permanent Impairment – 4th Edition. The final impairment percentage is calculated by TAC.  The ...

It used to be paid at the 18 month anniversary of the accident. However, due to a recent amendment to the Transport Accident Act, interim impairment benefits can now be paid to accident victims at any time commencing 3 months after the accident. Provided an injury is stable, TAC can assess and determine the impairment applicable to that injury and pay ...

When TAC makes a decision concerning an entitlement to any no fault benefit, if you are unhappy about the decision, you have a period of 12 months within which to challenge that decision by means of an appeal to the Victorian Civil and Administrative Tribunal (VCAT). The 12 month period commences when you are notified of the decision, that is, ...

If you are injured in an accident that occurs in the course of your employment, other than when you are travelling to or from work, you are not entitled to receive TAC benefits. In these circumstances, you are entitled to receive benefits under the WorkCover Scheme. For further information regarding WorkCover claims we recommend obtaining legal advice from expert WorkCover ...

If you were the driver of a vehicle owned by you which is unregistered and you are injured in a transport accident, you would be ineligible to receive income/LOE benefits for the first 18 months after the accident. You would otherwise be entitled to receive all other no fault benefits. ...

If you were the driver and suffered injuries in the accident your entitlement to receive income/LOE benefits in the first 18 months will be reduced by 1/3 if your blood alcohol level was more than .05% but less that .12%. There will be a 2/3 reduction if the reading was .12% or more but less than .24%. No benefit is ...

The driver of a vehicle involved in a transport accident who at the time of the accident was unlicensed or their licence was suspended, is not entitled to income/LOE benefits in the first 18 months after the accident. Otherwise, the person is entitled to all of the other no fault benefits. ...

The TAC Scheme is essentially a “no fault” scheme. Accordingly, even if the accident was your own fault you may still be entitled to no fault benefits. You would not be entitled to pursue a common law claim or recover common law damages unless you could prove that someone else was at fault. ...

No. Overseas residents can make a TAC claim if the transport accident in which they were injured occurs in Victoria.  TAC will be liable to cover any medical or treatment expenses incurred within Australia however, TAC is not liable to pay any hospital, medical or like expenses incurred outside Australia. TAC also has a liability to pay income benefits, LOE and LOEC benefits, to ...

Any dependant children of the deceased and the dependant spouse of the deceased. The surviving spouse of the deceased is also eligible in circumstances where the deceased wasn’t working but was engaged in the full time care of children of the deceased. Again, expert legal advice needs to be obtained about these matters. ...

Anyone who suffers a “serious injury” in a transport accident can sue the person whose negligence caused the accident in order to recover TAC common law damages. ...

Pain and Suffering Damages Pain and suffering damages are awarded for pain, suffering and the loss of enjoyment of life.  No scale applies to the assessment of these damages. The personal circumstances of the claimant form the basis for the assessment. Accordingly, every case is different. Pecuniary Loss Damages Pecuniary loss damages are awarded for income loss and reduced earning ...

The damages are ordered to be paid by the defendant – i.e. the person you sue. However, in the vast majority of cases the person you sue is the driver or owner of a motor vehicle. In such cases the Compulsory Third Party Insurer is the body that pays the damages on behalf of the named defendant.  In most TAC ...

Before being able to sue for damages you must be classified as having suffered a serious injury. Before you can be classified as having suffered a serious injury, you must have undergone an impairment assessment. An impairment determination will not be made until your injuries are stable or at least substantially stable. Hence, you cannot commence a common law damages ...

Yes. The TAC is obliged to continue paying for your reasonable, accident related hospital, medical and like expenses as part of your TAC claim. The resolution of a common law damages claim brings to an end the entitlement to receive LOEC benefits. It also brings to an end any entitlement to receive an impairment lump sum payment. Expert legal advice ...

If you have received Centrelink benefits between the date of the accident and the resolution of your common law claim, and you recover pecuniary loss damages, (i.e. damages for lost income and impaired earning capacity) you will have to repay the amounts you have received from Centrelink. Further, depending upon the size of your damages award, you may also be ...

Yes. The time limits are: to lodge a TAC claim for compensation – 1 year from the date of the accident or from the date the injury first manifested itself. TAC does have a discretion to accept a claim lodged after 12 months, but within 3 years of the accident, provided the accident victim can provide reasonable grounds for late ...

“In January 2010 my wife and I were involved in a head-on collision which took the life of our unborn daughter and left me with a permanent arm injury.” ...

“Sustaining an injury in a motor vehicle accident is tough. It is life changing. What you need is empathy, compassion and a listening ear to hear and feel your story.” ...

“This note is an attempt to convey thanks and appreciation for not only the unbelievable outcome you have delivered but the manner in which you do your work.” ...

“Peter Burt and Clara Davies provided me with an excellent personalised service and were impeccable in their professionalism when preparing my case for TAC compensation.” ...

“My advice to anyone involved in a car accident is that they immediately contact Burt & Davies.” ...

““We would like to express our gratitude for the time and effort that you both put into my claim. The outcome was outstanding and far beyond what we had imagined.” ...

” “Real” solicitors in every sense of the word. Real in their appraisal of if they can help you or not. Real in their diagnosis of injuries and loss. Real in their estimate of fees. Real in their dealings with you – plain English” ...

“After serious injuries on a motorbike I was left confounded by interstate rulings and conflicting advice and statements by insurance and TAC agents. This evaporated with the employment of Peter and Clara. From beginning to end they were compassionate, professional and unfailingly supportive.” ...

“My name is Christian Brackley and I am a C4/5 quadriplegic. In my dealings with Burt and Davies I have found their service to be prompt yet thorough. Burt and Davies offer sound, honest advice and are reliable with their facts and information.” ...

“After the initial transport accident my family was involved in there was a lot of confusion. We didn’t know what to do, we didn’t know where to go or who to see. We tried a number of other companies and with no knowledge of our own we were confused even more.” ...

“From the first consultation, I knew and felt I was being cared for. The service was professional and the claim payout was worth the wait.” ...

“My family and I cannot express enough gratitude for the successful outcome you achieved in my unusual and complex TAC claim. Other lawyers we initially contacted preferred to keep their distance; my case being such a difficult one to prove.” ...

“In 2009 I was involved in a traffic accident when a car driver slammed into my scooter. It smashed my foot quite badly and sent me in and out of hospital over the next few months.” ...

“We would like to express our gratitude for the time and effort that you put towards our case. After initial hesitation as to whether we should proceed with the case, the outcome is outstanding and far beyond what either of us could have imagined.” ...

“Clara Davies looked after my claim with TAC after I was hit by a car in January 2009. Two things Clara said in our first meeting held true for all of our dealings with Burt & Davies.” ...

“I had a road traffic accident in 2004 while on a work trip to Australia from the UK. My planned 4 day visit turned into 11 months of hospital treatment in Melbourne where I had no friends or family.” ...

“I would like to take the opportunity to thank you again. I know it was a real battle and just how hard you had to work.” ...

“A serious car accident left us with permanent injuries that would restrict our lifestyle and work capacity for the rest of our lives.” ...

“I cannot speak highly enough of Clara Davies.  Just after I rang Burt & Davies, Clara arranged a meeting with me.  I lived one and a half hours out of Melbourne – she found her way to my door in the rural blocks of the Mornington Peninsula.  I could not drive after the car accident.  Clara was there for me ...