A HOON who lost his right arm when his car veered off a highway at high speed was eligible for a state insurance payout because of a “no fault” scheme.
The Transport Accident Commission paid compensation to all victims of road trauma, a spokeswoman said yesterday.
Eaglehawk teenager Joshua Shelton had his right arm amputated in hospital after the January 2 smash on the Calder Highway.
Police estimate he was driving his Holden at more than 140kmh, and he later pleaded guilty in the Bendigo Magistrates Court to a charge of driving in a dangerous manner.
The TAC spokeswoman said she would not comment on specific cases, but said most people seriously injured in a crash would receive some payment.
Even if they were deemed negligent and ultimately responsible for an incident, most were still entitled to a lump-sum impairment benefit, she said.
But they would not be eligible for damages obtained by going through the courts.
“The Transport Accident Commission is a `no fault’ scheme,” the spokeswoman said.
“This means that medical and lump-sum impairment benefits will be paid to an injured person regardless of who caused the accident.
“If a person’s negligent driving caused the accident, they will usually not be able to claim damages,” she added.
To claim a lump-sum impairment benefit, an injured person needs to be classified as having a serious injury, which is determined if the level of impairment is graded at 30 per cent or more.
The Advertiser understands that the loss of an arm can result in a lump-sum payment of about $120,000.
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