Road Accidents / TAC

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If you have been injured in a transport accident you may be entitled to compensation from the Transport Accident Commission (TAC). The TAC has a ‘no-fault’ scheme with benefits that are available even if you caused the accident.

Entitlements include:

  • lost wages;
  • medical and like expenses;
  • travel and household support services;
  • a lump sum impairment benefit; and
  • lump sum Common Law claims for damages.

Where someone else has been negligent you may also claim Common Law damages. This includes compensation for your pain and suffering and past and future loss of income. These claims can be very significant.

Making a motor vehicle accident claim for compensation

Being injured in a traffic accident is of course a traumatic experience. Your first priority is your health and well-being but as soon as possible after the accident you should take steps in preparation for lodging a claim. It’s important to record as many details of your accident as you can as this will help in the processing of your claim. If possible, you should make a note of:

  • The location, date, time and circumstances of the accident
  • Registration number and descriptions of vehicles involved
  • Names of persons in the vehicles involved
  • Names and contact details for any witnesses
  • Details of any police reports (if the police didn’t attend you should make a report before lodging a claim)

You should also keep a record of any medical treatment you have received following the accident including the names of the health professionals involved.

In order to claim compensation for weekly payments or medical expenses you should also obtain a TAC Certificate of Capacity from your doctor.

Before lodging your claim with the TAC we strongly recommend you contact us for independent legal advice to ensure you receive the maximum compensation benefits. We’ll make the whole process simple and stress-free. Consultation is free, and remember you pay no fees unless you win.

TAC claims in Victoria

Unlike some other states Victoria has a “no-fault” scheme which means you can lodge a claim regardless of who was at fault in the accident. This means you can lodge a claim even if you caused the accident. If you live outside of Victoria contact us for advice on the benefits available to you.

Insurance companies have a lot of resources on their side so we like to level the playing field. We will work for your best interests and remove stress so you can concentrate on getting better.

Eligibility for lodging a TAC/motor vehicle accident claim

You are able to make a claim if you or the person you represent was injured or died in an accident involving a car, bus, motorcycle, train or tram. Pedestrians and cyclists are also covered under the scheme.

Time limits

The TAC sets a time limit of 12 months from the time of your accident. The sooner you lodge your claim, the sooner you will receive compensation for costs you will likely already be incurring such as medical expenses.

Finding the best car accident lawyers in Melbourne

To ensure you receive the maximum benefits you need to have expert road accident lawyers in your corner. With 50 years experience and a team of fearless TAC claim lawyers, Arnold Thomas & Becker will help you on your road to recovery. Call us on 1300 333 300 and speak directly to a lawyer today.

TAC Claim FAQs

Why do I need a TAC Lawyer?

The TAC will not give you independent legal advice regarding your TAC claim. In our experience, the TAC and the TAC lawyer often do not pay to you your maximum entitlement to compensation to income benefits, medical expenses and lump sums. In order to claim damages for pain and suffering and lost wages, you will need a TAC lawyer in Melbourne to represent you.

What if I am unhappy with a decision made by the TAC?

If the TAC refuses or ceases to pay you compensation, a review must be sought within 12 months. An application can be lodged with the Victorian Civil and Administrative Tribunal (VCAT). You should seek legal advice from us concerning referring the matter to VCAT. Arnold Thomas & Becker act assertively when it comes to protecting your rights.

What if I am injured in a transport accident in the course of work?

If you are involved in a transport accident while working, you will be entitled to compensation under the WorkCover system. However, you may also have common law rights to further compensation under the Transport Accident scheme. You should contact us for advice as to how this works. However, if you are injured on your way to or from work, your injury will usually be covered with the TAC.

How is lump sum compensation for permanent impairment calculated?

The Accident Compensation Act 1985 requires Independent Impairment Assessors to apply the American Medical Association Guides to the Evaluation of Permanent Impairment, 4th Edition when assessing level of permanent impairment of a transport accident victim. A Whole Person Impairment percentage is calculated and then used to determine the amount of lump sum compensation payable to the injured claimant.

What if the transport accident was my fault?

Even if you were at fault in a transport accident, you will still have potential entitlements to the ‘no-fault’ benefits which can include weekly compensation for lost earnings, reimbursement of medical expenses and a lump sum amount of compensation for permanent impairment. You should seek legal advice from us concerning these entitlements and so that we might take your further instructions regarding the circumstances of the accident and whether a common law claim to sue another party might be possible.

If you don’t win, there’s no fee.

We operate on a ‘no win, no fee’ payment system, which means there are no costs upfront and you only have to pay us if you win.
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