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.
Who Can Make a TAC Claim?
You may be eligible to make a TAC claim if you were injured in a transport accident in Victoria and you are one of the following :
- A driver or rider of a motor vehicle or motorcycle
- A passenger in a car, bus, tram or train
- A pedestrian struck by a vehicle
- A cyclist involved in a collision with a vehicle
- A person injured while getting into or out of a vehicle
- A witness who has suffered a psychological injury (such as nervous shock) as a result of a transport accident
The TAC scheme is a no-fault system, which means you can make a claim regardless of who caused the accident. Your entitlements are set out in the Transport Accident Act 1986 (Vic).
What Can I Claim from TAC?
The TAC provides a range of benefits to help you recover from your injuries and manage the financial impact of a transport accident.
Your entitlements will depend on the nature and severity of your injury.
The main categories of TAC compensation are set out below.
1.Medical and Treatment Expenses
The TAC covers the cost of reasonable medical and like services that are necessary for your recovery from a transport accident injury.
This can include hospital treatment, GP visits, physiotherapy, psychology, pharmaceutical expenses, and rehabilitation services.
In the first 90 days after your accident, treatment recommended by your GP generally does not require prior approval from the TAC.
After this period, your treatment provider may need to seek TAC approval before continuing treatment.
2. Lost Earnings (Loss of Earnings and Loss of Earning Capacity)
If your injuries prevent you from working, the TAC may pay you weekly Loss of Earnings (LOE) benefits.
LOE payments are calculated at 80% of your pre-accident weekly earnings and can continue for up to 18 months.
After 18 months, you may be entitled to Loss of Earning Capacity (LOEC) payments for a further period, subject to meeting eligibility criteria including an assessment of your capacity to work.
3. Impairment Benefits
If your transport accident injury results in a permanent impairment, you may be entitled to a lump sum impairment benefit.
To be eligible, your injury must be assessed at 10% or greater whole person impairment (WPI) under the AMA Guides.
You must lodge your impairment benefit claim within 18 months of the impairment being assessed as stable and stationary
4. Common Law Damages
Where your injury was caused by the negligence of another party and meets the serious injury threshold, you may be able to pursue a common law claim for additional compensation.
A common law claim can include damages for pain and suffering, loss of future earning capacity, and future medical expenses.
The time limit for a TAC common law claim is within 6 years of the date of the injury.
TAC Claim Case Studies
Our team has helped many clients navigate the TAC claims process and obtain the compensation they deserve.
Below are two examples of TAC claims handled by Maxiom Injury Lawyers.
A keen triathlete and dedicated professional was struck by a car while cycling in Melbourne.
The collision caused significant injuries to her right hip, lower back, and neck, along with psychological trauma.
Her injuries were permanent — she was left with ongoing pain, reduced mobility, and was unable to return to cycling or running.
She also developed anxiety and a fear of being on the road.
The TAC accepted that she had sustained a serious injury under the Transport Accident Act 1986, and our road accident lawyers successfully negotiated an out-of-court settlement of $200,000 in common law damages for pain and suffering.
A 22-year-old woman was a passenger in a vehicle when the driver lost control and crashed into a tree.
She suffered serious injuries to her left leg, left hand, neck, lower back, and lungs, along with scarring to her forehead and scalp, and a psychiatric condition.
Due to the severity of her injuries and the profound impact on her life, we were able to assist her in obtaining the statutory maximum for pain and suffering damages as well as damages for economic loss.
The total settlement, including retention of TAC benefits, amounted to over one million dollars.
What to Do After a Road Accident
After a road accident, taking the right steps early can protect both your health and your ability to claim.
- Call 000 if anyone is injured or the accident is serious – arrange for police, ambulance, or fire services to attend the scene
- Seek medical attention as soon as possible, even if your injuries seem minor – this creates a record of your injury and its connection to the accident
- Obtain the other party’s details, including their full name, address, phone number, licence and registration details, insurance information, and vehicle make and model
- Collect witness information, including contact details and copies of any photos or videos taken at the scene
- Report the accident to the police to obtain a police report number – you will need this for your TAC claim
Without a police report and evidence of medical treatment, the TAC may not be able to make a decision about your claim and eligibility for 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.
How to Lodge a TAC Claim
Once you have received medical treatment and reported the accident to the police, you can lodge your TAC claim in one of the following ways :
- Online – through the TAC lodgement portal
- At the hospital – if you received urgent medical treatment, the hospital can lodge on your behalf
- By phone – by contacting the TAC directly
You will need to provide details of the accident, your injuries, the police report number, and the other party’s information.
The TAC has 21 days to make a decision on your claim, which can be extended where a request for further information has been issued.
It is recommended that you seek the guidance of a road accident injury compensation lawyer as soon as possible to help you gather all the documentation and materials required to ensure you receive the full benefits you are 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.
TAC Claim Time Limit
After a transport accident, you must lodge your TAC claim within 12 months of the date of the accident, or the date you first became aware of the injury.
In some circumstances, the TAC may accept a late claim up to 3 years after the accident at its discretion.
For claims by children, special time limits apply. Generally, a claim must be lodged within 12 months of the accident, or within 3 years of the child turning 18.
Different time limits apply depending on the type of claim :
- Reimbursement of medical expenses – within 2 years of the expense being
incurred - Impairment benefit – within 18 months of the impairment being assessed as stable
and stationary - Common law claim – within 6 years of the date of injury
Where your injury has and will continue to have a significant impact on your life, you are able to make a common law claim. 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 If TAC Rejects My Claim?
If the TAC rejects your claim or refuses a specific treatment or benefit, you have the right to request a review of that decision.
The TAC has an internal review process, and if you are not satisfied with the outcome of the internal review, you can appeal to the Victorian Civil and Administrative Tribunal (VCAT).
You must lodge your appeal within 12 months of the date of the TAC’s decision.
Because TAC appeals involve legal and medical evidence, it is strongly recommended that you seek advice from a road accident lawyer before proceeding with a review or appeal.
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 Are Common Road Accident Injuries?
Transport accidents can result in a wide range of injuries, from soft tissue damage to serious permanent impairment.
For more information about the types of injuries our clients commonly sustain and how they affect a TAC claim, see our guide to road accident injury claims.
What Happens If I Am Uninsured?
Even if the vehicle involved in your accident does not have third-party property insurance, you are still entitled to make a TAC claim for your injuries.
The TAC scheme is funded by compulsory registration charges, not by individual insurance policies.
For more information about your rights after an accident involving an uninsured vehicle, speak to our team.
How Much Do Car Accident Lawyers Charge?
Motor vehicle accident lawyers typically work on a “No Win, No Fee” basis – meaning you only pay legal fees if your compensation claim is successful.
Not all firms approach this the same way, so it’s important to understand the fee structure before you engage a lawyer.
For a full explanation of how our fees work, check out our fees page.
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 road 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, give us a call on 1800 85 30 85 or contact us.
