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 Fee 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.

Level 1: No fault benefits

TAC benefits include “loss of earnings” payments and medical expenses such as:

  • ambulance and hospital expenses
  • doctors and other medical attendances (including travel expenses)
  • medications and aides
  • rehabilitation costs (including counselling and household assistance).

Level 2: Permanent injury lump sum payment

The calculation of this payment is based on the level of your assessed permanent impairment.  This payment is available regardless of fault.

This is separate, and in addition to, loss of earnings payments and medical & like expenses.

Level 3: Sue for further compensation

If your injury/illness is determined to be a "serious injury" and was caused by the fault of another party, you can sue for further monetary compensation.  This refers to the "pain and suffering" you have endured and will continue to endure; and for the "economic loss" of wages and superannuation you would have earnt into the future.

This is separate to loss of earnings and medical & like expenses.

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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Notify the police or train/tram operator

Make a note of the names of any police attending the scene of the accident.  If they did not come to the accident, or you were unable to speak to police, report the incident as soon as possible after the event and note the name of the officer(s) spoken to and their station.

If reporting a public transport accident, note the name of the public transport operator that the accident was reported to.

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Seek medical treatment

Even if your injury/illness appears to be minor, if you are involved in an accident with a vehicle it is important to visit a doctor to start an early record of symptoms, their cause and impact on your life.  This appointment will provide the historical background which will be critical to the success of your TAC claim.

If you need time off work, request a certificate of capacity from your doctor.

Most service providers can bill TAC directly through LanternPay.  If they cannot, request a receipt for the service and send it to the TAC to claim within two years.  Keep a copy of the receipt.

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Lodge a TAC claim

Lodge a TAC claim by calling 1300 654 329 if a form was not completed at the hospital.

Following lodgement of a claim by telephone, the TAC will send you a completed claim form which you will need to sign and return to the TAC.  Your claim must be lodged within 12 months of the date of your accident.  This date may be extended in some circumstances, such as if you have only recently become aware of the seriousness of your injury/illness.

You will need to submit an original certificate of capacity if claiming for time off work.

If you need assistance completing your TAC claim form, please call our legal team on (03) 9321 9988.

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Contact us

Even if you don’t think your injury is serious, we recommend discussing your injury/illness with a lawyer while the details are fresh in your mind.

Your time is important to us, so when you call (03) 9321 9988 during business hours Monday - Friday, your call will be answered by a member of our legal team.  We will be able to advise you on your potential rights and entitlements, and offer a free face-to-face meeting at an office closest to you.

Legal services are provided on a No Win No Fee basis.

Awards and Accolades

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Leading law firm

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Victorian Motor Vehicle Accident Compensation (2018 – 2019)

Third tier law firm

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Victorian Motor Vehicle Accident Compensation (2020)

Recommended law firm

Redlich's Work Injury Lawyers

Victorian Motor Vehicle Accident Compensation (2021 – 2022)


Frequently Asked Questions

TAC Entitlements

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 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 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 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.

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.

If I was injured in a transport accident at work, am I covered by the TAC or by WorkCover?

If you are injured in a transport accident and you were driving in the course of your employment, you are covered by WorkCover.  
If you are injured in an accident that occurred whilst travelling to or from work, you are covered by TAC.

I am a cyclist and was injured on the road. Am I covered?

The TAC scheme covers you if you are injured in Victoria by a:

  • collision caused by a moving motor vehicle, train or tram
  • collision caused by an open or opening car door
  • collision with a parked or stationary vehicle
  • collision involving a runaway or out of control vehicle.

The TAC does not cover you if your injuries are caused by a:

  • collision with another cyclist
  • collision with a pedestrian
  • falling off your bike.

Can I make a claim if my family member died in a transport accident?

If you have lost a family member in a transport accident there are two types of TAC claims that you might be entitled to make:

  1. dependency claim
  2. nervous shock claim.

Dependency claim 

You will first need to lodge a funeral and dependency benefits claim form with the TAC.

The TAC can pay for burial or cremation expenses up to $16,401 (from 01/07/2021).  In some circumstances, the TAC may also pay for travel and accommodation expenses for family members to attend the funeral.

The spouse or partner, parents, children and siblings of the person who has died are eligible for family counselling services up to $17,410 per family (from 01/07/2021).

If the spouse or children were financially dependent on that person, the dependants are entitled to receive a lump sum payment and a weekly loss of dependency benefit.

The weekly benefit is payable for a period of five years or until the dependent child completes full time education.  The maximum weekly benefit payable is currently $1,490 (from 01/07/2021).

Dependent children also have an entitlement to an education allowance.

It is also possible to bring an action for the loss of income and household services that were reasonably expected to be provided from the person who died.

Nervous Shock claim 

If you are diagnosed with a psychiatric injury because a family member died in a transport accident, you may be eligible to lodge your own TAC claim.

If your TAC claim is accepted, you may be entitled to:

  • reasonable medical expenses
  • loss of income benefits
  • a monetary payment for a permanent injury
  • the right to sue for lump sum compensation.

Claims for drivers of unregistered motor vehicles or unlicensed drivers

You may still be able to lodge a claim with the TAC, but you will not be entitled to all of the benefits that the scheme offers.  
If you are injured in a transport accident while driving an unregistered vehicle which you owned, the TAC will not pay your lost income for the first 18 months after the accident.  You would be entitled to receive all other ‘no fault’ benefits (i.e.  medical expenses).

If you are the unlicensed driver of a vehicle and you are injured in a transport accident, the TAC will not pay your lost income for the first 18 months after the accident.  You would be entitled to receive all other ‘no fault’ benefits (i.e. medical expenses).

Claims for drivers, unlicensed cars or who drove whilst intoxicated by alcohol or affected by drugs

You may still be able to lodge a claim with the TAC but you will not be entitled to all of the benefits that the scheme offers.  
If you were injured whilst drink driving, your entitlement to receive loss of income in the first 18 months will be reduced in accordance with your measured blood alcohol level (BAC).  No loss of earnings is payable if your BAC reading was .24 or more.
If you were injured whilst driving a vehicle drug affected, your entitlement to receive your loss of income in the first 18 months will be reduced in accordance with the nature and concentration of the drug in your body.

The reductions only apply to drivers.  Passengers or pedestrians injured as a result of an intoxicated or drug affected driver are entitled to receive full ‘no fault’ benefits from the TAC.

I caused the transport accident – Am I still covered by the TAC scheme?

The TAC compensation scheme is a ‘no fault’ scheme and individuals are entitled to assistance regardless of who was at fault.

What am I entitled to if my TAC claim is accepted?

If your TAC claim is accepted, you may be entitled to the following “no fault” benefits:

  • reasonable medical expenses
  • loss of income benefits
  • a monetary payment for a permanent injury
  • the right to sue for lump sum compensation.

There are certain exceptions if you were convicted of an indictable offence or drink driving offences.

You may not be entitled to sue for a further lump sum compensation.

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.

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.

It is crucial to speak with a lawyer to fully understand your entitlements. Call our advice line on (03) 9321 9988 or submit an online enquiry to get in touch with our legal team for a free, no-obligation consultation.

Do I need to attend a medical examination arranged by the TAC?

The TAC can make arrangements for you to be medically examined from time to time by doctors nominated by the TAC.  The purpose of this is to confirm your inability to work or your entitlement to receive certain medical and like benefits.

You cannot fail or refuse to attend the appointment without a reasonable excuse, or your income benefits can be suspended.

What medical and like expenses can I claim?

If you have an accepted claim, the TAC will pay for all your reasonable medical expenses that are related to the accident.  
These include costs such as:

  • ambulance and hospital expenses
  • doctor’s fees
  • counselling
  • medication
  • aides such as crutches
  • personal and household support; including counselling, modification to a home or car, household help, gardening and transportation
  • rehabilitation costs; including assistance designed to either return you to your pre-injury job, to re-educate or re-train you, or otherwise assist in obtaining other employment
  • travel to appointments for medical treatment and examinations if you are unable to drive.

If you require personal and household services or transport to medical treatment, ask your GP to complete a TAC medical certificate outlining the treatment you need and send the original medical certificate to the TAC.

Does the TAC pay for all medical and like expenses?

The TAC will pay for all medical expenses where the treatment is reasonable and directly related to the accident.

How long does the TAC pay medical expenses?

Payment of medical expenses for transport injuries continues for as long as needed.  The entitlement to medical expenses does not stop if court or any other action is taken.

How much weekly earnings will I receive in a TAC claim?

The TAC will not pay for any lost income for the first five days after the accident.

If you were working prior to your accident and afterwards you are still unable to work or are working reduced hours, you are entitled to weekly payments for your lost income.

You must provide the TAC with TAC medical certificates from your doctor stating that you are unfit to work, or only fit to work reduced hours because of your transport accident injuries.

The TAC will pay 80 per cent of your gross income before the accident, up to a maximum of $1,490 per week (from 01/072021).

What if I’m self-employed?

If you are self- employed you will need to provide your TAC co-ordinator your tax returns and details about your pre-accident weekly earnings.  The TAC may require further information to assess your entitlement.

The TAC will pay 80 per cent of your gross income before the accident, up to a maximum of $1490 per week (from 01/07/2021).

Alternatively, the TAC may pay the costs of replacement workers in connection with the business because of your incapacity instead of loss of earnings benefits.

It can be of great assistance for the self-employed to employ a casual replacement whilst they are injured and seek immediate reimbursement from the TAC for the wage.  Contact should be made with the TAC claims support co-ordinator about this at an early stage.

I can’t work. How do I claim for loss of earnings payments?

You will need to provide the TAC with details of your employer, payslips and tax returns to assess your claim.

You must provide the TAC with TAC medical certificates from your doctor stating that you are unfit to work, or only fit to work reduced hours because of your transport accident injuries.

These type of weekly benefits continue up to 18 months after the accident.

I still cannot work 18 months after the accident. How do I claim payments?

After 18 months, if you are still unable to work or are working reduced hours, you are entitled to weekly payments for your lost income.  These are called “loss of earning capacity benefits”.

“Loss of earning capacity” is the difference between your capacity to earn income before the transport accident and your capacity to earn income after the transport accident.

If you are still have no capacity for work after 18 months, your weekly benefits will be 80 per cent of the net amount of your income, after tax, which was being paid before the accident.

The maximum payable is $1,290 (from 01/07/2021).  These weekly payments will cease:

  • three years after the date of the accident
  • when you have reached normal retirement age; or 
  • if you are certified as having capacity to work.

If your impairment is assessed at 50 per cent or over, the TAC will continue to pay you loss of earning capacity payments until you reach retirement age.

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.

Am I entitled to any compensation from my superannuation fund?

Many superannuation funds contain insurance policies that may allow you to claim disability benefits for Total and Permanent Disablement (TPD) or Temporary Disablement if you are unable to work.  These disability benefits from your superannuation fund are in addition to TAC benefits.

To lodge a successful TPD claim, you must be able to meet the specific definition of ‘Total and Permanent Disablement’ in your superannuation policy.  This usually requires you to show that you are unable to return to the type of work that you have education, experience and training in, because of your injury.

If you have been injured in a transport accident and want to check that you are receiving all benefits available to you, call the experts at Redlich's Injury Lawyers on (03) 9321 9988.

Permanent Impairment Claims

What is a permanent impairment benefit?

A permanent impairment benefit is a once-off lump sum payment to compensate you if you suffer a permanent injury.  
This lump sum is made in addition to the other benefits you receive from the TAC.

This is a ‘no fault’ benefit, meaning you do not need to establish that someone else was at fault.

An independent doctor would need to examine you in accordance with a guide published by the American Medical Association.  The Guide provides specific instructions on how to measure the extent of an injury.  The lump sum compensation is calculated using a specific formula according to this Guide.

You will only be entitled to an impairment payment if you are assessed as having an 11 per cent or more whole person impairment.  

What are the minimum levels of impairment required to qualify for compensation?

You will only be entitled to a lump sum impairment benefit if you are assessed as having an 11 per cent or more whole person impairment.

The following are indications of the amount of compensation that may be paid if your accident occurred on or after 16 December 2004:

  • 11 per cent: $8,140
  • 20 per cent: $22,120
  • 50 per cent: $88,860

Contact Redlich's Injury Lawyers on (03) 9321 9988 if your accident occurred before this time.

When can I make an impairment benefit claim?

A claim for this lump sum compensation is usually made when your injuries are fully stabilised (that is, it has reached a point where it is not getting any better or worse).

A request for an impairment benefit must be made within six years of being injured.

Common Law Claims (The Right to Sue)

What is a common law claim?

You only have the right to sue for further compensation where someone else is at fault for the accident and you have suffered a serious injury.  This is called a common law claim.

You may be entitled to claim for both loss of earnings as well as ‘pain and suffering’ damages.

This is separate and in addition to your entitlements to medical and like expenses.

What damages will I receive from a common law claim?

There are two main types of compensation that you can receive from this claim:

  1. pain and suffering, or general damages – this is compensation for the pain and suffering you have endured and will continue to endure, and your loss of enjoyment of life
  2. past loss of earnings and future loss of earning capacity – compensation for wages lost because you have been unable to work, and/or are unable to work into the future.

When can I make a common law claim?

Even where your injury was caused by another person's fault, you do not automatically have the right to sue for further compensation.

You must first establish that you have suffered a ‘serious injury’.  In order to establish this, your lawyers have to prepare and lodge a detailed application with the TAC referred to as a serious injury application.

A claim for further compensation must be commenced within six years of the date of injury.

What is a ‘serious injury’?

You must have a serious injury to be able to make a claim for further compensation.

You have a serious injury if you have: 

  • an assessment of 30 per cent or greater in a lump sum compensation application
  • permanent serious impairment or loss of a body function
  • permanent serious disfigurement
  • permanent severe mental or behavioural disorder; or
  • a loss of a foetus.

Whether you meet any of these definitions involves an assessment of the injury and its consequences to determine if they have a significant impact on your life.

If your application is accepted, the TAC may issue a certificate confirming you have suffered a serious injury.  You will then have the right to sue for further compensation.

If your application is denied, proceedings can be issued in the County Court of Victoria seeking a serious injury certificate.

Does the serious injury certificate entitle me to sue for both types of damages?

A serious injury certificate allows you to sue for both ‘pain and suffering’ and loss of earnings.

What happens when I get the serious injury certificate?

If a serious injury certificate is granted, you have the right to sue for further compensation.  You must prove ‘fault’ or ‘negligence’ by the person who caused your injuries.

Strict timeframes apply following a grant of a serious injury certificate.

Before we issue any court proceedings, we will have a meeting with the TAC in an attempt to settle your case.  The majority of our cases settle at this meeting.

How long does it take to sue for further compensation?

It is very difficult to estimate how long a claim for further compensation will take.  The claim may only be brought after the injury is stabilised and the medical evidence is gathered.

From this time, the duration varies and is dependent on factors including whether the TAC rejects or accepts the serious injury application, the complexity of the case, and whether the case settles prior to litigation.

As a rough guide, from the date of the serious injury application a claim can take between 6 - 24 months to be resolved.

How long do I have to sue?

A claim for further compensation must be commenced within six years of the date of injury.  However, you should seek advice well before the six years expires as preparing a case takes some time.

Even if you do not think your injury is serious, you should still obtain legal advice regarding your possible right to sue while the accident is fresh in your mind.

In some limited circumstances, you can make a claim more than six years after your date of injury.

Would I have to go to Court?

In suing for further compensation, there are two possible stages in the process that could involve going to Court – the serious injury application, and the trial regarding negligence.

The majority of our cases reach negotiated settlements.

Redlich's Injury Lawyers will advise you fully on your case and any risks involved prior to any litigation being commenced.

What compensation could I receive?

If you are granted a serious injury certificate by the TAC, you can sue for your ‘pain and suffering’ and your loss of earnings.  Any money you receive from the court in compensation is called ‘damages’.

If your case goes to Court, the assessment of ‘pain and suffering’ damages will ultimately be determined by a jury.  To recover any compensation for pain and suffering damages you must achieve a verdict of $57,690.  The maximum sum that can be awarded is $577,280 (from 01/07/2021).  The amount awarded for ‘pain and suffering’ damages varies according to the severity of the injury and the effect that it has and will continue to have on your life.

If you have already received a lump sum payment (or ‘impairment benefit’), this is deducted from any ‘pain and suffering’ damages that you receive.

If your injuries have affected your ability to earn an income, you can also sue for your future loss of earnings.  The amount of damages that this includes depends on the amount you can prove that you were earning prior to your injury and your earning capacity into the future.  There is a threshold for this type of compensation of $57,690 and payment for loss of earnings after 18 months are taken into account.  The maximum sum is $1,298,980 (from 01/07/2021).

If I receive 'damages', will TAC stop paying my medical expenses?

No.  TAC will continue to pay your medical expenses even after you receive compensation for pain and suffering and/or loss of earnings.

If I receive money, will this affect my Centrelink payments?

If you receive money for ‘pain and suffering’ only, this may not affect any Centrelink payments.

If you receive compensation for loss of earnings, you may be required to pay back certain sums to Centrelink, and/or be precluded from receiving Centrelink payments for a period of time into the future.

Redlich's Injury Lawyers can give you clear advice on your particular situation.

Who pays the ‘damages’ compensation?

The person who was found to be at fault in your accident is ordered to pay your compensation.  However, the driver or owner of any registered vehicle in Victoria is covered by the TAC.  Therefore the TAC pays your compensation.

What will it cost me to sue for further compensation?

At Redlich's Injury Lawyers we offer a No Win, No Fee arrangement in TAC cases.

This means that if you proceed with a claim you will only be required to pay our legal costs if you are successful.  Additionally if you are successful, the TAC will pay for a portion of your legal costs.

We are committed to maximising the compensation to be received by people injured in transport accidents.  We offer competitive professional fees, work hard to recover expenses and do not charge an uplift fee.

We invite you to call Redlich's Injury Lawyers on (03) 9321 9988 for free legal advice about your potential rights and entitlements.

No Win, No Fee. No Uplift Fee.

Our No Win, No Fee and No Uplift Fee arrangement means you will only pay legal fees if your claim is successful. *Conditions apply

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Call and speak to our legal team

At Redlich’s our legal team answer the phone so that you receive free legal advice straight away. No Win, No Fee. No Uplift Fee.

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