In Victoria, the Transport Accident Commission (“TAC”) provides no-fault compensation for persons injured in a road accident on Victorian roads or whilst travelling in a Victorian registered vehicle. The TAC provides support and benefits to people injured in transport accidents, including car, motorcycle, and bicycle accidents, as well as accidents involving pedestrians and public transport. One of the ways TAC provides support is through the TAC claims process, which allows eligible individuals to receive compensation for the expenses and losses associated with their injuries.
While making a TAC claim as soon as possible after your injury is important, it’s equally important to talk to a road accident lawyer for information about your full TAC claim eligibility.
What is a TAC Claim?
A TAC claim is a legal process that allows individuals who have been injured in a transport accident in Victoria, Australia to seek compensation for their injuries and related expenses. It is an insurance claim which covers the cost of necessary medical treatment to help recover from a road accident injury.
The purpose of the TAC claim process is to help injured individuals access the support and resources they need to recover from their injuries and get their lives back on track.
What can I claim from TAC?
You can claim from the TAC weekly payments of lost wages and reimbursements of the costs of the medical treatment and like expenses that are required to help you recover from your injuries.
If your injury is permanent and/ or occurred as the result of negligence by another party you are able to make a claim for lump sum compensation, such as Permanent Impairment Benefits / TAC Common Law Claim.
What are the stages of a TAC Claim?
There are 10 stages to make a TAC Claim, these are as follows:
- Car accident occurs
- Obtain information of the other party involved in the road accident, including
- Full name and address
- Contact phone numbers
- Licence and registration details
- Insurance information
- Vehicle make and model
- Obtain contact details of witnesses, including requesting copies of any photos and/ or videos taken
- Dial 000 to arrange for necessary Emergency Services teams (Police, Ambulance, Fire) to attend the scene of the accident
- If not necessary, at a later stage you must:
- Seek medical attention and help for assessment of your injuries
- Report accident to the police / relevant public transport authority (if the accident occurred on public transport) to acquire reports for the purposes of your insurance claim
- If not necessary, at a later stage you must:
- Contact your insurer and provide details of other parties and witnesses to the event
- Make a TAC Claim online or lodge via the hospital providing urgent medical treatment
- Seek legal advice and representation from a road accident injury compensation lawyer in Melbourne
- Attend a medical assessment for an independent evaluation of your injuries
- Submit a claim for lump sum compensation
If you are injured in a road accident it is recommended that you seek the guidance of No Win No Fee lawyers as soon as possible to help you gather all the documentation and materials required to ensure that you receive the full benefits that you are rightfully entitled to.
Can you file a TAC Claim without a lawyer?
Yes, a TAC claim can be made independently from a road accident lawyer. However, if you want to understand the full benefits you’re entitled to under the TAC insurance scheme, it is best to speak to a lawyer specialised in car accident compensation.
How do I make a TAC Compensation Claim
You will need to prove to the TAC that your injuries occurred as a direct result of the driving of a motor vehicle, motor car, a railway train or tram. The TAC has 21 days to make a decision which can be extended where a request for further information has been issued.
TAC Claim time limit
After a traffic accident, you must make a TAC insurance compensation claim within three years of the date of the accident or the date when the injury first manifests itself.
Where your injury has and will continue to have a significant impact on your life, you are able to make a common law claim. The time limit for a TAC common law claim is within 6 years of the date of the injury.
Here is more information on whether or not you have a valid TAC claim.
How long does a road injury claim take?
So that you do not have out-of-pocket when receiving treatment for your vehicle accident injury, many TAC approved medical treatment providers use the LanternPay claims platform. Where you are required to pay for the treatment to the service provider directly, reimbursements from the TAC are typically made within 10 business days.
A TAC Common Law Claim for a road traffic accident takes on average 12 months to settle.
What is a road accident?
The TAC legislation defines a road accident (or “transport accident”) as an incident directly caused by the driving of a motor vehicle – i.e. motor car, railway train or tram.
What to do in a road accident?
After a road accident, it is important to obtain the contact, license, registration and insurance information of the parties involved in the road accident. If there are witnesses present, it would also be valuable to obtain their contact information along with any photos or videos they took at the scene.
Importantly, you should seek medical attention as soon as possible to start documenting the circumstances of your injury and the impact it is having on your life.
To make a claim you will need to have:
- Received medical treatment
- Reported the accident to the Police and have a police report number (in the absence of this, you will be asked for the officer’s name and badge number and the police station you reported it to)
Without this information, the TAC will not be able to make a decision about your claim and eligibility for treatments, services and benefits.
To be able to maximise your entitlement, it is important that you understand what the best procedure after a minor or major car accident is in Victoria as well as consult a road accident lawyer who can help you navigate through the entire process.
What are common road accident injuries?
Common road accident injuries include:
- Neck injuries and whiplash
- Back injuries
- Internal injuries
- Fractures and broken bones
- Disfiguring facial injuries and scars
- Limb loss and amputation
- Knee injuries
- Wrist and hand injuries
What happens in accidents where I am uninsured?
If you are involved in an accident where the vehicle does not have insurance and it is proved that you were at fault you are liable for all costs associated with the damages incurred by the other party. Where the other party has insurance, their insurance company will try and recover from you the costs associated with the car damage.
Even if you are uninsured and have sustained injury, you are still entitled to pursue a TAC lump sum claim.
How much do car accident lawyers charge?
Motor vehicle accident lawyers charge legal fees where claims for injury compensation are successful. They do not charge legal fees where a compensation claim is unsuccessful.
This is called a “No Win, No Fee” arrangement – a concept brought about to provide access to justice for injured persons who are entitled to financial support to recover from their injuries.
Not all personal injury lawyers in Melbourne approach the No Win No Fee model the same. If you have been injured and are seeking the guidance of road accident lawyers, we recommend that you ask about the law firm’s fee structure to understand what proportion of the awarded compensation you will receive.
Why is it important to have a car accident injury lawyer?
There are two reasons why an injured person chooses to hire a car accident injury lawyer:
- A physical and/ or psychological injury takes a significant toll on your life; and
- The insurance claims application process is extremely challenging to navigate alone.
Maxiom’s car accident injury lawyers can help you understand your basic legal rights and entitlements and whether you can sue for further compensation for injuries that are permanent or occurred as a result of the negligence of another party.
Personal injury lawyers are experts at dealing with insurance companies and the courts; and are dedicated to helping injured clients access insurance benefits and/ or sue for further compensation as soon as possible so that they can start the process of recovery.
At Maxiom Injury Lawyers, our expert team are highly rated car accident lawyers in Melbourne, workers compensation lawyers in Melbourne, and medical negligence lawyers in Melbourne.
If you want to speak with a road accident law specialist, contact us at 1800 85 30 85.
