If you or a family member has been injured in an accident on the road or on public transport you can access lost wages and payment of medical expenses through the TAC scheme.
You don’t need to prove anyone’s fault to be eligible.
The TAC scheme assists people injured in an accident with a motor vehicle, tram or train in Victoria, or interstate if involving a Victorian resident or a Victorian registered vehicle. The accident must have been reported to police or the public transport operator and there must be evidence of injuries and medical treatment.
We provide assistance to drivers, motorcyclists, passengers, pedestrians and cyclists who have been injured in vehicle accidents. We also assist relatives affected by the loss of a loved one.
Generally, if a traffic accident happens at work or during the course of a person’s employment it is covered by Workers Compensation, with court action under the TAC scheme.
Our TAC lawyers can help with a claim for
- Physical injury, disability or death caused on the road
- Psychological injury due to consequences of a road accident
- Aggravation of a physical injury
Engaging a TAC lawyer
Engaging experienced TAC claim lawyers is crucial to navigating the complexities of the claims process. At Redlich's, we specialise in advocating for the rights of individuals, ensuring they receive fair compensation for their injuries. With expertise in TAC regulations and a commitment to securing the best possible outcomes, these lawyers guide clients through each step of the claims process, from gathering evidence to negotiating with the TAC.
How can TAC claim lawyers help you with the process
Embarking on a TAC claim journey can be overwhelming, but our specialised team of TAC lawyers, essential members of our dedicated motor vehicle accident team, is here to guide you through the legal process. As committed no-win-no-pay TAC lawyers, we prioritise transparency, ensuring you fully understand the legal fees involved. When you seek our expert legal advice, you not only gain clarity on the fee structure but also receive comprehensive support for your compensation claim. Whether you're initiating a claim or simply seeking guidance, a TAC lawyer is here to advocate for your rights, offering expertise at every step. Trust Redlich's to simplify the legal complexities, provide clear insights into fees, and champion your rights throughout your TAC claim journey. When you're ready to navigate your claim with confidence, seek legal advice from our experienced team by giving us a call.
What are my options?
If you have an accepted TAC claim you may be able to access multiple levels of compensation based on the severity of your injury/illness and whether another party was at fault.
Who is eligible for a TAC claim
Eligibility for a Transport Accident Commission (TAC) claim is contingent upon specific criteria. If you have sustained injuries on the roads of Victoria or while travelling in a Victorian registered car anywhere in Australia, you may qualify for a TAC claim. Additionally, eligibility extends to those whose road accidents were caused, either wholly or partially, by the fault of another party. Serious injuries resulting from road accidents, including but not limited to whiplash, brain or spinal injuries, entitle individuals to pursue compensation through the TAC claims process. Our dedicated team of TAC lawyers specialises in navigating the complexities of these claims, ensuring that you receive the compensation you rightfully deserve for the physical, emotional, and financial toll of the accident. If uncertainty persists regarding your eligibility, we'll provide further guidance in assessing your qualification for a TAC claim.
Types of compensation You can claim from the TAC
Claiming compensation and benefits accessible through the Transport Accident Commission (TAC) are meticulously tailored to the specifics of your transport accident and the circumstances of your injury, providing a comprehensive framework to address various facets of the impact. This includes compensation for pain and suffering and acknowledging the physical and emotional distress borne from the road accident. TAC claims extend coverage to both immediate and ongoing medical expenses, ensuring a financial safeguard for costs associated with the sustained injury. Compensation for past loss of earnings reflects an acknowledgment of income disruptions during the initial recovery period, while provisions for future loss of earnings or earning capacity anticipate the longer-term impact on income. Additionally, TAC claims encompass the coverage of past and future loss of superannuation contributions, recognising financial implications resulting from the transport accident. Beyond financial aspects, the claims offer support for rehabilitation services, nursing and disability care, post-acute support services, and even expenses arising from a fatal transport accident, including funeral costs. Navigating the intricacies of these compensations requires the expertise of a TAC claim lawyer, ensuring that your unique circumstances are considered to maximise the entitled compensation for your road accident and resulting injuries.
Dispute Resolution for TAC claims
As your dedicated TAC lawyers, we assist in navigating the dispute resolution process when challenging TAC decisions. If you believe a decision is incorrect, the first step is lodging a dispute application, detailing the decision and providing reasons. Our role includes compiling supporting information, such as medical reports, within 28 days. The TAC must reciprocate by providing your legal representative with their supporting information. Following acknowledgement of the dispute application, a conference is scheduled within 90 days to discuss issues and explore agreements. Post-conference, the TAC has 14 days to conclude the review and communicate any changes or resolutions in writing to your legal representative. If no confirmation is received, you retain the option to apply for a review at VCAT.
Claiming Impairment Benefits
Navigating the TAC compensation claim process includes the potential for a lump sum compensation if you experience a permanent impairment due to your transport accident. This one-off payment is designed to compensate for enduring loss of function and movement. In addition to claiming compensation for permanent impairment, the TAC covers future medical expenses, providing a comprehensive approach to supporting your recovery. Our legal services extend beyond guiding you through the complexities of the claims process to ensuring you receive the lump sum and ongoing benefits entitled to you. If you're facing a situation where a permanent impairment impacts your life, trust our experienced TAC lawyers to advocate for your rights and make a TAC claim you deserve, including lump sum benefits and coverage for future medical expenses. Making a TAC claim with our dedicated legal support ensures that you navigate the intricacies of the process effectively and claim compensation for your permanent impairment and associated future costs.
How do I make a TAC claim?
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Frequently Asked Questions
I have been injured in a transport accident – what should I do?
The Transport Accident Commission (TAC) scheme covers individuals who have been injured in an accident in Victoria caused by the driving of a car, motorcycle, bus, train or tram.
It is a ‘no fault’ scheme and individuals are entitled to assistance regardless of who was at fault.
If the accident occurred interstate, the TAC scheme only covers Victorians if the accident involved a Victorian registered vehicle. A non-Victorian resident who is injured in an interstate accident can only make a TAC claim if they are the occupants of a Victorian registered vehicle.
To start the process of claiming compensation you must report the accident to the police or the relevant public transport operator (Metro Train, Yarra Trams or the relevant bus company). If the police attended the accident, you do not have to report it again.
You should then lodge a claim with the TAC by calling 1300 654 329. You will be asked for personal details, information about the accident and to provide your employment details if you can’t work.
The TAC will send out a completed form which you must carefully check and sign. It is vital that you list all of your injuries, even those that appear minor at the time. You must return the signed claim form to the TAC for the claim to be accepted.
How long do I have to make a TAC claim?
To claim statutory “no fault” benefits (medical expenses and loss of earnings) from the TAC, your claim form must be lodged within one year of the date of the accident or when the injury first manifests. In exceptional circumstances a claim form can be lodged within three years.
If the TAC makes a decision you disagree with, you have 12 months to dispute that decision.
A claim for lump sum compensation must be made within six years of the date of the accident.
Suing for compensation where someone is at fault for loss of earnings and pain and suffering must be made within six years of the date of the accident.
If you think that you might be out of time to lodge a claim, please contact us.
How long does the TAC have to accept or reject my claim?
The TAC will contact you within 21 days from the date that you made your claim to let you know if your claim has been accepted or rejected. They may sometimes request further information.
If the TAC fails to contact you at the end of 21 days, your TAC claim is considered rejected. You can have this rejection reviewed by the Victorian Civil and Administrative Tribunal (VCAT).
If you would like further information on the review process, please contact us.
How do I make a TAC claim?
To make a TAC claim, you can call 1300 654 329 or visit the TAC website. If you are hospitalised, some hospitals will lodge a claim on your behalf.
If you have suffered physical or psychological injuries as a result of a transport accident in Victoria or whilst in a Victorian registered vehicle, you are entitled to lodge a TAC claim.
The information that will be required from you when making a TAC claim include:
- accident details – the location, circumstances and injuries
- details of the vehicles involved including registration numbers and names of occupants
- details of any witnesses
- details of police who attended the scene including names, police station and badge number
- name of your treating practitioners
- employment/income details if you have had more than five days off work due to the accident
- your bank details
You have 12 months to lodge a TAC claim from the date of your accident, or the date an injury from your accident first becomes evident.
If the police did not attend the scene of the accident, you must report your transport accident to the police before you can lodge your claim.
If your accident was on public transport, you must report the accident to the public transport operator and obtain their details.
How long does a TAC claim take?
If you need to lodge a new claim, it should still be lodged within the 12 month limit of the date the accident occurred or the injury first manifested. The TAC also may consider a claim made outside of this time limit if it is made within three years of the date of the injury or the date when the injury first manifests and reasonable grounds exist for the delay in making a claim.
After you lodge a claim, the TAC will either accept or deny your claim, or in some cases, ask for further information. There is no strict time limit for this to occur. Generally, this will happen within 21 days of initially receiving the claim or 14 days after receiving further information requested by the TAC.
You also have 2 years from the date of receiving a medical or like service or incurring the expense in which to claim payment from the TAC.
Once a Common Law claim is lodged, the length of time it will take to settle your claim is dependent upon how simple or complex your case is. For example, a straightforward case may only take a few months, whereas a more complex claim can take two or more years to settle.
What can I receive from a TAC claim?
There are three types of claims you may make in relation to a TAC claim. These include a TAC claim, an Impairment Benefit claim, and/or a Common Law claim. In some cases, you may be able to make all three types of claims in relation to one incident.
When you have an accepted TAC claim, you can claim medical and like expenses, loss of earning (LOE) benefits, loss of earning capacity (LOEC) benefits, and lump sum compensation.
Medical and like expenses include expenses such as hospital care, surgery, medications, consults with your GP and physiotherapists, among others.
Loss of earning (LOE) benefits are available when you are unable to return to work due to your accident-related injuries. In the event this happens, the TAC can pay you LOE benefits up to 18 months after your accident.
Loss of earning capacity (LOEC) benefits are available when you are unable to return to work 18 months after your accident.
The TAC will only pay income support benefits from 3 years until retirement age if the level of your impairment is assessed at 50 per cent or more.
You can also receive lump sum compensation in the form of an Impairment Benefit and/or Common Law damages.
Can you change from WorkCover claim to TAC claim?
No, you generally cannot change from a WorkCover claim to a TAC claim in Victoria.
Transport accidents that occur during work hours are referred to as ‘during the course of work’ transport accidents.
A 'during the course of work' transport accident is an accident where the injuries you have suffered are deemed to have happened during or are a result of employment under the Workplace, Injury, Rehabilitation and Compensation Act 2013. This typically includes an accident where the person was travelling for the purposes of their employment, having regard to the nature of the work, or during an authorised recess such as a lunch break.
In most cases, a 'during the course of work' transport accident is covered by workers compensation and not the TAC. If your 'during the course of work' transport accident claim is rejected by the Victorian WorkCover Authority, you should make a TAC claim for compensation. The claim will then be considered by the TAC in accordance with the Transport Accident Act 1986.
If, in these circumstances, the TAC has previously denied a claim for compensation under the Transport Accident Act 1986, the TAC may seek further information from the Victorian WorkCover Authority and review its previous decision.
How much compensation will I get from a TAC claim?
The amount of compensation you will receive from a TAC claim is dependent upon your level of injury and how it has affected your life and work capacity. You can claim for loss of past and/or future earnings, as well as pain and suffering and loss of enjoyment of life.
There are thresholds and caps to the amount of compensation you can claim. Your personal injury lawyer can work with you to understand your specific situation and provide tailored legal advice.
As of July 2023, the Common Law compensation thresholds and caps are as per the following:
- Threshold (minimum amount) - $63,880
- Maximum Pecuniary Loss (loss of past and/or future earnings) - $1,438,310
- Maximum pain / suffering - $639,200