How to make a TAC claim: Your guide to compensation
Written by John Cramp, Senior Lawyer
A transport accident can change your life in an instant. Whether you've been injured in a car accident, a motorcycle accident, bike collision, or as a pedestrian, the physical, emotional and financial impact can be significant. Medical appointments, time away from work, rehab and ongoing pain can quickly become overwhelming.
If you've been injured on a Victorian road, or in a vehicle registered in Victoria, you may be entitled to compensation through the Transport Accident Commission (TAC). Understanding your rights and acting quickly can make a significant difference to the support and compensation available to you.
At Maddens Lawyers, our experienced Personal Injury team is here to guide you through the TAC claims process and help you get the compensation you deserve. If you have been injured in a road accident, contact our team for a free consultation or complete our online claim check to find out where you stand.
What is a TAC claim?
The Transport Accident Commission (TAC) is a Victorian Government scheme that provides compensation and support to those injured in transport accidents on Victorian roads. The TAC operates on a 'no-fault' basis, meaning you may be eligible for benefits regardless of who caused the accident.
You may be entitled to make a TAC claim if you were injured as:
- A driver
- A passenger
- A motorcyclist
- A cyclist
- A pedestrian
- A public transport user, including passengers on trains and trams
How to make a TAC claim:
- Report the accident - If you have not already, it is important to report the accident to the police where required. Having an official record of the accident can be beneficial to your TAC claim. If emergency services attended the scene, make sure you obtain any relevant details where possible.
- Seek medical attention - Even if your injuries initially appear minor, it is important to seek medical attention. Some injuries may not become fully apparent until days or weeks after the accident. Keep records of medical appointments, hospital admissions, specialist consultations, physio treatment, medications and travel expenses related to treatment. These documents may support your claim and help establish the extent of your injuries.
- Obtain legal advice - Navigating a TAC claim can become complex and overwhelming. Maddens Lawyers are experienced in working with the TAC to help ensure you are getting the maximum amount of compensation they can. We can help with lodging your claim, gathering supporting medical evidence, communicating with the TAC, exploring impairment benefit entitlements and assessing potential common law damages claims.
- Lodge your TAC claim - You will need to provide details of the accident, your injuries sustained, medical treatment received and employment details where relevant. Our team will guide you through the process and help ensure your application contains the relevant information required to support your claim.
What are the time limits for making a TAC claim?
Strict time limits apply to TAC claims in Victoria.
Generally, claim should be lodged within 12 months of the accident or within 12 months of your injury presenting, if you want to ensure access to TAC benefits. While claims can sometimes be lodged up to three years after the accident, there is a risk that a late claim may not be accepted.
If you are unsure whether it is too late to make a TAC claim, contact Maddens Lawyers today. Even if significant time has passed, we may still be able to help assess your options.
What compensation can the TAC provide?
The compensation you can claim from the TAC is dependent on the extent of your injuries. You may be eligible to claim for:
- Medical and like expenses - Including compensation for hospital stays, GP appointments, specialist consultations, physio, counselling, medications, surgery and other treatments.
- Loss of income benefits - If your injuries prevent you from working, you may be entitled to payments that help replace lost income. For many injured Victorians, these benefits provide critical financial support while they focus on rehab and recovery.
- Impairment benefits - People who sustain permanent injuries may be entitled to receive a lump sum impairment benefit. The amount payable is dependent on the severity and long-term impact of the injury. The experienced team at Maddens Lawyers can help assess your injury and determine if you are eligible for a lump sum impairment benefit.
- Common law damages - In specific circumstances, a person who has suffered a serious injury may be eligible to pursue a common law damages claim against an at-fault party. A successful claim could include compensation for pain and suffering, loss of enjoyment of life, past loss of earnings and future loss of earning capacity. There are strict legal requirements to meet for a common law damages claim. Speak to our team to find out if you're eligible.
Common misconceptions about TAC claims
"I was at fault, so I cannot make a claim"
Because the TAC operates under a no-fault scheme, many injured people may be eligible to access benefits regardless of who caused the accident.
"My injuries are minor, so it is not worth claiming"
Some injuries worsen over time or have longer-term consequences than initially expected. Lodging a TAC claim may ensure access to treatment and support should your condition deteriorate.
"I can manage the process myself"
While some claims appear straightforward, many injured people are unaware of the full range of benefits available to them. Legal advice can help ensure important entitlements are not overlooked.
Why choose Maddens Lawyers for your TAC claim?
At Maddens Lawyers, we understand the impact road trauma can have on individuals and their families. Our Personal Injury team has extensive experience assisting Victorians with TAC claims and helping them access the compensation they deserve.
If you have been injured in a Victorian transport accident, do not navigate the claims process alone. Our team can help you understand your rights, lodge your TAC claim and explore all available compensation options.
Contact Maddens Lawyers today for a free consultation or complete our online TAC claim checker to find out whether you may be entitled to compensation. The sooner you seek advice, the sooner you can focus on what matters - your recovery.
