If you have been injured in a transport accident outside of Victoria, you may wonder whether you can lodge a claim with the Transport Accident Commission (TAC).
The short answer is: yes, you can lodge a TAC claim under certain conditions. Understanding these conditions is crucial for ensuring you receive the compensation you may be entitled to.
This article will guide you through the eligibility criteria, necessary documentation, and the steps to take when pursuing a TAC claim where the accident occurred outside Victoria.
Can I Lodge a Claim If I Was Injured in a Transport Accident Outside Victoria?
Yes, you can lodge a claim with the TAC if you were injured in a transport accident outside Victoria, but only if specific conditions are met.
The TAC primarily covers transport accidents occurring in Victoria; however, it also extends its “No Fault” statutory entitlements to claimants who are injured in accidents in other states or territories under certain circumstances.
To be eligible for a TAC claim while injured in an interstate accident, you must demonstrate that the accident is related to a Victorian registered vehicle. In addition, you do not need to be a Victorian resident to make a claim if you are the driver or passenger in a Victorian registered vehicle and injured in an interstate accident.
However, you can not receive benefits, even if you are a Victorian resident, if you are injured interstate, and no Victorian registered vehicle is involved.
What Will I Need to Make a Claim from Outside Victoria?
Making a TAC claim from outside Victoria requires specific documentation and information to support your case. Here is a detailed list of what you will need:
1. Personal Information
You will need to provide personal details such as your full name, contact information, and residential address. If you were a passenger in a vehicle, you should also include the driver's details, including their name, contact information and vehicle registration number.
2. Accident Details
Gathering comprehensive details about the accident is essential. This includes:
- Date and Time: When the accident occurred
- Location: Where the accident took place, including the street name and city
- Description of the Accident: A clear account of how the accident happened, including any contributing factors (e.g., weather conditions, traffic signals)
- Injuries Sustained: A detailed description of the injuries you sustained in the accident.
3. Medical Documentation
Medical evidence is a critical component of your TAC claim. You may need to provide:
- Medical Reports: Any documentation from healthcare providers detailing your injuries, treatments, and ongoing medical needs. This can include hospital discharge summaries, specialist reports, and rehabilitation plans
- Invoices and Receipts: Copies of invoices for medical treatments, medications, or any other related expenses incurred as a result of the accident.
4. Proof of Vehicle Registration in Victoria
To establish your eligibility for a TAC claim, you may need to provide evidence that vehicle you were travelling in at the time of the accident was registered in Victoria. The following document would be acceptable:
- Vehicle Registration Papers: Documentation proving the vehicle is registered in Victoria.
The TAC may also request information about your Victorian residency. The following documents can be provided:
- Driver’s License: A valid Victorian driver’s license
- Utility Bills: Recent utility bills or bank statements showing your name and Victorian address.
If you are not a Victorian resident, you can simply advise the TAC as such.
5. Witness Statements and Police Reports
If there were any witnesses to the accident, their statements can significantly strengthen your claim, so it is useful for you to have contact details of these witnesses. Additionally, if a police report was filed, you should obtain a copy of this document. It often contains essential details that can corroborate your account of the accident.
6. TAC Claim Form
Finally, you will need to fill out a TAC claim form. This form is available on the TAC website or through their customer service on 1300 654 329. Ensure that you complete it accurately, providing all requested details to avoid any delays in processing your claim.
7. Legal Representation
Consulting with a legal professional who specialises in TAC claims can be beneficial. They can provide guidance on navigating the claims process, help ensure that all necessary documentation is submitted and represent your interests in negotiations with the TAC.
Steps to Making Your Claim
- Gather all required documentation: Start collecting all the necessary documents listed above
- Complete the TAC claim form: Fill it out carefully and accurately
- Submit your claim: You can lodge your claim online through the TAC website, via mail or in person at a TAC office
- Follow up: After submitting your claim, keep in touch with the TAC to monitor its progress and respond promptly to any requests for additional information.
Please note that if you have a claim accepted by the TAC and you then pursue a further claim in another state for the same accident and are paid compensation; the TAC may cease your TAC entitlements.
Injuries from transport accidents can be life-altering, and seeking compensation through the TAC can help alleviate some of the financial burdens associated with recovery. Regardless of whether you are Victorian resident, if you are injured as a driver or passenger in a Victorian registered vehicle, you can make a TAC claim even if the accident occurred outside Victoria. By ensuring you have the necessary documentation and understanding of the claims process, you can navigate this challenging time more effectively.
If you or someone you know have been injured in a transport accident and have further questions or need assistance with your TAC claim, contact our legal team on 03 9321 9988 or submit an online enquiry to receive tailored advice based on your circumstances. Remember, you do not have to face this journey alone—support is available to help you on the road to recovery.
