Road Accident Injuries - TAC, Victoria

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Road accident injuries and TAC Claims

If you have been involved in an accident on the road in Victoria you are entitled to make a compensation claim with the Transport Accident Commission (TAC). The TAC is an insurance company run by the Victorian government. It provides compensation to people injured by transport accidents. The registration fees paid on Victorian vehicles fund the operations of the TAC.

If the TAC accepts your compensation claim, you will be entitled to a variety of entitlements including medical expenses, loss of wages and compensation for your injuries.

What road accidents are covered?

Many Victorians are unaware that the coverage of TAC extends beyond car accident claims. The TAC also covers accidents involving cars, trams, trains, bicycles, trucks, motorcycles and pedestrians. Furthermore, it does not matter whether you are injured in a road accident as a pedestrian, driver or passenger – in any case you will be able to access TAC compensation.

What types of compensation are available?

TAC no-fault compensation includes (but is not limited to): medical expenses, hospital expenses, salary or wage loss, rehabilitation (e.g. chiropractors or physiotherapists), nursing and disability services, attendant care, post-acute support services, expenses arising from death and lump-sum payments.

If the accident was not your fault, you may also have an entitlement to compensation for Pain and Suffering, and Loss of Earnings, known as Common Law compensation.

What if the accident was my fault?

Apart from a few exceptions, you are still entitled to benefits from the TAC even if the accident was your fault. This includes medical expenses, loss of wages and compensation for your injuries. These entitlements are referred to as “No-Fault” benefits. Therefore, it is important that you put in a claim with the TAC even if they accident was your fault.

Fault comes into play if you are wanting to pursue a claim for Common Law compensation. If the accident was not your fault, depending on the severity of your injuries, you may be entitled to Common Law compensation. However, if the accident was your fault, you will not be able to make such a claim.

How long do I have to lodge a claim with the TAC?

You must lodge a claim with the TAC within 12 months of the date of the accident. In special circumstances, this time limit can be extended to 3 years.

Are there any other time limits I should be aware of?

Apart from the time limits involved in making an initial transport accident claim with the TAC, there are 2 other time limits that you should keep in mind if you have a transport accident claim. Firstly, if the TAC makes a decision you are not happy with, you have 12 months from the date of this decision to challenge it. If you are not happy with a decision, it is advisable to seek advice from a lawyer immediately.

Secondly, if you have suffered a permanent injury and may be entitled to impairment benefits, you have 6 years from the date of the accident to make a claim for this compensation. There is also a 6 year time limit to make a claim for Common law compensation.

These various time limits are strict and rarely extended. It is best to act promptly and seek legal advice over your potential TAC compensation claims.

How can a solicitor help me in dealing with the TAC?

The TAC operates largely like any insurer and has to balance their interests between fair compensation to claimants and running the organisation in an economical manner. Hence it is not surprising to learn that your interests as an accident claimant are not necessarily the same as the TAC acting as insurer. A solicitor ensures that your best interests are put forward and that you are fully informed of your legal entitlements.

Unfortunately, the legislation relating to the TAC’s compensation powers is complicated. In making a car accident claim, solicitors can help you navigate the law and provide you with straightforward legal advice. Decisions that have been made by the TAC can also be challenged. Hence, if you are unhappy with any decisions made by the TAC, a solicitor may advise you any grounds for challenge.