Hi Mal,

I checked Victoria and I am completely wrong for TAC sorry - they do accept 
loss of earnings claims, but only if more than 5 days (ie not the first 5 days 
lost work), and then only a maximum of 80% lost earnings to a maximum of $1130. 
Didn't check NSW.

Scott

On 05/03/2013, at 9:10 PM, "Mal Bruce" <m...@mals.net> wrote:

> 
> What You Can Claim
> 
> 
> Your compensation depends on the types of injuries you sustained and your 
> circumstances at the time of the accident. As far as possible, any form of 
> compensation is aimed at returning the person injured to their pre-injury 
> state. Your claim could be for economic loss and/or non-economic loss.
> 
> Economic loss
> 
> Economic loss includes:
> 
>   reasonable and necessary hospital, medical, rehabilitation and 
> pharmaceutical expenses (past/future)
>   reasonable and necessary attendant care and respite care expenses
>   loss of income
>   loss of ability to earn income
>   other reasonable and necessary expenses and losses you suffer as a result 
> of your injuries.
> 
> You will need to show:
> 
>   that the amount claimed is reasonable
>   receipts for expenses
>   that the treatment relates directly to the injuries and losses caused by 
> the accident.
> 
> Medical expenses
> 
> If the insurer accepts liability for your claim it will pay your reasonable 
> and necessary hospital, medical, rehabilitation and travel expenses. You 
> don't have to wait for the claim to be finalised for these expenses to be 
> paid. The insurer is obliged to pay these expenses on an 'as incurred' basis 
> only if they are reasonable and necessary, properly verified and relate to 
> the injuries from the motor vehicle accident. Original receipts or accounts 
> should be sent to the insurer and you should keep a copy of all these 
> documents.
> 
> The insurer cannot be expected to continue to pay accounts unless improvement 
> is evident. An insurer will look for therapeutic benefits in assessing 
> whether treatment will be reasonable and necessary, and hence, if you cannot 
> agree with the insurer on medical issues about past or future treatment then 
> the dispute can be referred to the Medical Assessment Service.
> 
> Lost earnings
> 
> There is a limit to the amount that can be claimed for lost income which is 
> indexed annually on 1 October. The insurer will want evidence of any losses. 
> For past losses, they may want:
> 
>   a letter or statement from your employer
>   tax returns
>   sick leave records
>   medical evidence to show that you were unfit for work because of the 
> injuries arising out of the accident (e.g. a doctor's certificate)
>   any other proof you have that you have suffered an actual loss of wages
>   if you were self-employed, they will want verification from your accountant.
> 
> Give the insurer copies and keep any original documents.
> 
> Before you can be awarded an amount of damages for future lost earnings you 
> will have to establish that the claim is real and reasonable. You will have 
> to show that you would have had this earning capacity if not for the 
> accident. Payment is made for lost earnings when your claim is settled.
> 
> Non-economic loss
> 
> Non-economic loss (or general damages) is for the pain and suffering and loss 
> of enjoyment of life that you have experienced as a result of the accident. 
> While most people injured in motor vehicle accidents experience some degree 
> of pain and distress, there are limits on who can claim compensation for 
> non-economic loss and how much compensation they get. You will only get 
> non-economic loss damages if you have a whole-person permanent impairment of 
> more than 10 per cent as a result of your accident. Permanent impairment is 
> assessed according to the MAA Permanent Impairment Guidelines (1 October 
> 2007).
> 
> The permanent impairment arising from each injury is assessed separately. The 
> impairments arising from multiple physical injuries can be added together to 
> get more than 10 per cent but you can't add a physical and psychological 
> injury together to reach more than 10 per cent. If a person is assessed at 
> more than 10 per cent permanent impairment, damages may be payable depending 
> on the seriousness of the injury. Amounts which can be awarded are indexed 
> annually and are listed in the Indexation of Damages.
> 
> Summaries of cases (116kb) where non-economic loss damages have been assessed 
> by CARS provide an indication of the type of injuries and permanent 
> impairments that entitle claimants to non-economic loss damages.
> 
> Need help? For more information contact the Claims Advisory Service. 
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-- 
Scott Penrose
sco...@dd.com.au
http://scott.dd.com.au/

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