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  • TAC Compensation Trap

    Copied out from the latest AMCN

    "A Victorian law practise has warned that changes to the Victorian Transport Accident Commision's (TAC) insurance scheme may significantly affect a claimant's compensation payout if they are deemed to not have worn appropriate riding gear in an accident, even if they were not at fault.

    Maurice Blackburn personal injuries' specialist Geraldine Collins recently issued the general warning to Victorian motorcycle and scooter riders.
    "Motorbike and scooter riders not wearing protective clothing such as leathers, boots and gloves, who suffer a transport accident may find that the Victorian TAC tries to reduce the compensation it pays the rider due to the riders contribution to the seriousness of their injuries, even if the rider did not contribute to the cause of the accident," she said.
    "The TAC can seek to reduce the payment of damages you receive by the percentage extent which it claims you have contributed to the accident. If you are not wearing protective clothing, your injuries are likely to be worse as a result of your inactions and the TAC may say you're partly responsible."

  • #2
    That may open the door to "Oh, you're not driving the latest vehicle with side airbags and 5* safety rating so we're going to reduce your payout."

    In fact, the next logical step would be that they introduce helmets and the neck braces used in V8 Supercars to vehicle operators or they will reduce compensation.

    What a crock!
    2006 Yamaha R1SP;
    In an interview with the New Scientist magazine marking his birthday, Stephen Hawking was asked what he thought about most during the day, and replied: "Women. They are a complete mystery."
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    • #3
      Make perfect mathamatical, business and practical sense to me.
      Why should 'everyone' have to pay for skin grafts, just because you ride around in satin boxers and crash, when it is reasonable to say you know better?

      No moral or ethical sense though.

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      • #4
        D'awwww... But I LIKE riding in thongs!
        Originally posted by Desmo
        Why be a cunt about it?

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        • #5
          Originally posted by Commander Keen View Post
          D'awwww... But I LIKE riding in thongs!
          Thats quite ok if you like paying your own medical bills if you come off!

          (Will be interesting to see if ICWA changes anything in regards to this, but TAC's system gives out a lot more compensation than WA to begin with.)

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          • #6
            So will cyclists also have to start wearing full leathers, gloves and boots too?

            Very dangerous precedent to start setting, as then the quality of the gear will come into question. Like were the boots good enough to be used for motorcycling, were the persons pants kevlar lined.

            Would hate to see Australian Standards applied to the shoes, socks, jeans, jacket, gloves, sunglasses you have to wear to ride a motorcycle...

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            • #7
              Sorry claimant, we have found that your motorcycle was not in fact an armoured security car.

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              • #8
                i kinda agree with it cos if ur wearing shorts and tshirt, why should they have to pay for all the compo cos ur being a tool?
                as long as they are reasonable with what classifies as 'appropriate' gear then it should be ok (cors being the gov theyll screw it up totally)
                There is no more time, even for cake. For you, the cake is over. You have reached the end of cake.

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                • #9
                  whilst i'm a big "gear fan" i don't agree with that policy.

                  "you werent wearing full 1-pce leathers so your compo is being cut in half"
                  "but the other driver ran through a red-light and was drunk and hit me"
                  "doesn't matter, it's your fault"

                  i can understand the reasoning, but if you were fully not at fault, then gear is not a consideration. that's like reducing the compo for car drivers if there was no roll cage or they weren't wearing a neck brace and helmet.
                  (edit - hornet beat me to it)

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                  • #10
                    Originally posted by BennyT View Post
                    i kinda agree with it cos if ur wearing shorts and tshirt, why should they have to pay for all the compo cos ur being a tool?
                    as long as they are reasonable with what classifies as 'appropriate' gear then it should be ok (cors being the gov theyll screw it up totally)
                    If I wanna run up to the shops in just a helmet/gloves in summer why the fuck shouldn't I be able to?

                    Your post implies that anybody riding a bike without gear are automatically being tools? They wouldn't be the ones who fucked up and hit another road user in this (hypothetical) situation, so why should they bear ANY of the cost for someone ELSE being a dense piece of shit?

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                    • #11
                      load of shit peple are entitled to wear what they want as long as they have on what the law requires. they should still get the same compo as every one else.
                      Hot air balloons, the gentleman's escape vehicle.

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                      • #12
                        +1

                        And of course it'll mean no reduction in TAC premium (it's part of registration fee here). Not that it's a very good trade-off at all.

                        Some smart bugger pushing the envelope a bit further. One wonders what will happen to pushbike riders who get knocked off - they'll probably get even more as they're "envrionmentally aware" or something.
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                        • #13
                          Originally posted by mewnz View Post
                          If I wanna run up to the shops in just a helmet/gloves in summer why the fuck shouldn't I be able to?

                          Your post implies that anybody riding a bike without gear are automatically being tools? They wouldn't be the ones who fucked up and hit another road user in this (hypothetical) situation, so why should they bear ANY of the cost for someone ELSE being a dense piece of shit?
                          i shoulda said that i was only talking about if the rider was at fault. my bad

                          but yeah, if its not the riders fault, then who cares what theyre wearing?
                          There is no more time, even for cake. For you, the cake is over. You have reached the end of cake.

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                          • #14
                            Lawyers are paid to look at things and find angles to reduce their clients culpability. There are and always will be - mays, ifs,deemed,tries, seeks and hopefully fails in these endevours for this type of thing.

                            A smashed pelvis is a smashed pelvis. So many factors to consider, its just highlights that we are heading towards a lawyers paradise.
                            You can't *burrrp* can't just post, just post anything you feel like morty, you just *burrp* just end up *burrp* end up hurting people's feelings morty I mean how, how would you like it if I said things that offended you morty?

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                            • #15
                              happened with seatbelts 40 years ago and helmets for cyclists 15 years ago
                              Last edited by seandre; 09-09-2009, 09:32 PM.
                              my pics

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