Motor accident TAC lawyers · Victoria

TAC Compensation Claims in Victoria

Here’s how TAC benefits actually work, where a separate common law claim fits in, and the deadlines that decide whether either is still open to you.

If you’re injured in a transport accident in Victoria, the Transport Accident Commission (TAC) will generally pay for treatment and income support regardless of who was at fault. If your injury is serious and someone else caused the accident, a separate common law claim may also be open to you, for pain and suffering and loss of future earnings.

TAC benefit claims should be lodged within 12 months. If a claim is not accepted, there are no common law rights. The clock starts on the date of the accident, so it’s worth understanding both pathways even if you only think one applies to you.

How Victoria’s TAC scheme works

Victoria has run its own transport accident scheme since 1986. It’s a no-fault system, which means the Transport Accident Commission (TAC) pays for treatment and support after a car, motorcycle, truck, tram or train accident, regardless of who caused it. That’s a genuinely different model to the fault-based CTP schemes used in some other states, and it’s worth understanding before you assume you need to prove anyone was to blame.

The scheme is funded through a levy built into every Victorian vehicle registration, not general taxation. Its rules sit in the Transport Accident Act 1986, which sets out exactly what TAC can and can’t pay for, and the conditions attached to each type of benefit.

What TAC benefits can cover

• Medical and hospital costs, including ambulance transport, surgery, specialist appointments and rehabilitation.
• Income replacement if your injury stops you working, generally calculated as a percentage of your pre-accident earnings.
• Impairment benefits, a lump sum for permanent impairment assessed under the TAC’s own scale.
• Household and personal support, such as help around the home and travel to medical appointments.
• Long-term care for people with serious or catastrophic injuries, funded for as long as it’s reasonably required.

Who’s covered

TAC benefits are available to drivers, motorcyclists, passengers, cyclists and pedestrians injured in a transport accident on a Victorian road, as well as in some public transport incidents. A driver or passenger injured interstate in a Victorian-registered vehicle is also entitled to no-fault benefits. It doesn’t matter whether you caused the accident yourself: the no-fault design means your own driving is not the test for whether you can claim.

TAC benefits vs a common law claim

This is the distinction that trips a lot of people up. TAC’s statutory benefits and a common law claim are two separate legal pathways, with different tests, different payouts and different clocks. You can be receiving TAC treatment and income support for years without realising a common law claim might also be available to you.

Statutory benefits: the safety net

Most people can lodge a straightforward TAC claim for medical treatment or income support themselves, without a lawyer. It’s designed to be accessible, and TAC will generally start paying once your claim is accepted.

Common law: where legal advice tends to matter

A common law claim is not automatic, and it isn’t assessed by TAC in the same way as a benefits claim. You’ll need a serious injury certificate, evidence of the other party’s negligence, and medical evidence that your injuries have stabilised enough to value the claim properly. This is where experienced legal advice tends to make a difference, since building that case well can materially affect what you recover.

What you could be entitled to

How to lodge a TAC claim

1. Report the accident to Victoria Police. TAC won’t accept a claim unless you can provide a Victoria Police report number, or the details of the officer you reported the accident to, including their badge number.
2. Get medical attention and keep a copy of any certificates or reports, since these support both a TAC claim and any later common law claim.
3. Lodge your claim with TAC. You’ll need to provide evidence of your injury when you lodge, such as a certificate of capacity, a hospital discharge summary or a letter from your doctor.
4. Respond to TAC’s requests for further medical information or independent examinations as your claim is assessed.
5. Get advice early if your injury is serious, so a possible common law claim isn’t overlooked while you’re focused on your TAC benefits.

Time limits you need to know

Both pathways run on their own clock, and missing either can narrow your options significantly.

• TAC statutory benefits: generally lodged within 12 months of the accident. Claims made later, up to 3 years, may still be accepted where there are reasonable grounds for the delay.
• Common law claims: must generally be commenced within 6 years of the accident under the Limitation of Actions Act 1958 (Vic). Courts can extend this in limited circumstances, but it isn’t something to rely on. A common law claim also depends on having an accepted TAC claim: without one, you have no entitlements.

Different rules can apply for children and for injuries that only become apparent later. If you’re unsure where you stand, it’s worth checking rather than assuming a deadline has passed.

Frequently Asked Questions