Have you been injured in a transport accident in Victoria, or were you in a road accident while travelling in a Victorian registered vehicle in Australia?
Although you are able to access support directly through the Transport Accident Commission (“TAC”), it’s important to obtain expert advice from road accident lawyers about whether you are receiving your full entitlements.
Transport Accidents
The TAC legislation defines a “transport accident” as an incident directly caused by the driving of a motor vehicle – i.e. motor car, railway train or tram.
What is a motor vehicle?
The definition of a motor vehicle is a vehicle intended to be used on a highway. A motor vehicle can include motorcars, motorcycles, trucks and buses.
The following are not regarded as motor vehicles:
- Golf cart or golf buggy;
- Tractor, harvester or ride-on mower;
- Motorised wheelchair; and
- Electronic scooter that cannot travel more than 10kms per hour.
How to determine if the vehicle is being driven?
A vehicle is regarded as being driven if the driver is in control of the ignition and acceleration of the vehicle. The case of Koutroulis v TAC [2011] sheds light on this question. The Court considered that the core meaning of “driving” consists of the movement of a vehicle including the steps undertaken by the driver concerning that movement.
What does the TAC cover in Victoria?
At Maxiom Injury Lawyers we have extensive expertise in obtaining the maximum compensation for persons injured in a transport accident. Common examples of a TAC Claim include:
- An accident involving two cars;
- An accident involving a car an pedestrian;
- An accident involving a cyclist and an opening door of a car;
- Where a cyclist swerves to miss a car that pulls out in front of him or her and consequently falls off the bike;
- Passengers injured on or by a train, bus or tram.
The important factor in the above examples is that the injury was caused by the driving of a vehicle.
In other examples, even where a car was involved, injuries may not be covered by the TAC. For example, where a passenger in a vehicle assaults the driver, this does not fall within the definition of a transport accident. In these circumstances, compensation could be claimed through the Victims of Crime Assistance Tribunal (“VOCAT”).
The TAC provides financial payments of “statutory benefits” to people injured in a road accident in Victoria. This includes injuries sustained in vehicles such as a car, motorcycle, bus, train and tram. Pedestrians and cyclists are also entitled to financial support under the TAC scheme in Victoria.
What can you claim through TAC?
“Statutory benefits” payable by the TAC in Victoria covers medical and like expenses (i.e. treatment and rehabilitation); and income support while you are unable to work. You may also be entitled to a lump sum payment where your injuries are permanent; as well as a “damages” claim where you were injured through someone else’s fault or negligence.
Is there a time limit on TAC claims?
Yes, there is a time limit when making a TAC claim. Your personal injury claim needs to be made within three years of the date of your accident or the date you become aware of an injury.
An application for payment of a lump sum for “damages” must be made within six years of the date of injury. This payment is in recognition of the impact the injury has, and will continue to have, on your life and is referred to a common law claim.
Interesting Case Law
- Nunn v TAC (Review and Regulation) [2016] VCAT 2025 – The Tribunal found that a motorbike rider who sustained injuries while riding on a farm was precluded from TAC compensation because he was riding on “private land”.
- Ross v TAC [2000] VSC 112 – This case involved a driver of one car who was shot by a person travelling in another car. The Court held that the shooting of the Plaintiff was not directly caused by the driving of a motorcar but rather by the person in possession of the gun.
If you have been involved in a transport accident, please contact Maxiom Road Accident lawyer on 1800 853 085. We will fight to ensure that you receive the entitlements that you deserve.
