Transport Accident Claims

 

If you have suffered an injury as a result of a transport accident, you may be entitled to claim compensation.

 
 
 

Who is covered by the TAC?

You can receive assistance from the TRANSPORT ACCIDENT COMMISSION (TAC) if you have been injured as a result of a transport accident involving a motor vehicle registered in Victoria.

Traditionally a transport accident is defined as an incident arising from the driving of a car, bus, train or tram.   

If you think you might be entitled to assistance from the TAC, it is important to lodge your claim as soon as possible. Generally a claim must be lodged within 12 months from the date of the accident. In some circumstances, a claim can be lodged later but there must be a reasonable reason for the delay and it must be lodged within 3 years.

A claim can be lodged over the telephone by calling the TAC directly on 1300 654 329 or by filling in a hospital claim form. There is also a form online at www.tac.vic.gov.au. You will be asked to provide some personal and medical information as well as details of the accident. You will likely also be asked to sign an authority for the TAC to obtain additional information. TAC will make a decision on whether to accept or reject the claim within 21 days.

If TAC denies your claim or takes longer than 21 days to make a decision, this can be challenged and proceedings issued at VCAT. If you have received a decision that you are unhappy about please contact our office. We will advise you of your prospects of success, and if process, manage the dispute process for you.

What assistance can I access once my claim has been accepted?

The TAC system allows you to access three distinct types of benefits regardless of who was at fault for the accident. These are known as statutory benefits. Even if the accident was your fault, we will likely be able to help you obtain access to weekly payments and potentially a lump sum claim. If you have any queries please contact our office. We will not charge for this advice.

 

Medical Expenses

In some circumstances you will need to pay a medical excess before TAC will fund your medical expenses. For accidents after 14 February 2018, the excess does not apply. TAC will cover traditional medical expenses as well as rehabilitation expenses and home or vehicle modification so long as the expense is reasonable and necessary and has arisen out of your transport accident related injuries.

If TAC make a decision in relation to medical treatment that you disagree with, you must challenge this dispute within 1 year of the decision being made and in some circumstances, this will involve going to VCAT to challenge the decision. It is important to get prompt legal advice if TAC make a decision that you disagree with.

Weekly Payments

If you are unable to perform the job you were doing at the time of your injury, TAC will pay 80% of your gross pre-injury average earnings for up to 18 months after your transport accident.  

At the end of the initial 18 months, the TAC will pay further payments if you can demonstrate that you are incapacitated for any work that you are qualified to do by reason of your injuries. If you satisfy that test, the TAC may pay an additional 18 months of weekly payments, calculated at 80% of your net pre-injury average weekly earnings.

At the end of this second 18 month period, your weekly payments will stop unless you have been assessed as suffering from a whole person impairment rating of 50% or more.

If TAC make a decision in relation to your weekly payments that you disagree with, you must challenge this dispute within 1 year of the decision being made and in some circumstances, this will involve going to VCAT to challenge the decision. It is important to act quickly. Please contact our office should you require advice. We will not charge for this advice.

Impairment Benefit

This is a small lump sum payment you can access if you can demonstrate that you have suffered a permanent injury that has stabilised. This means that your condition must have reached a point where you are unlikely to get substantially better or worse in the future.

Once your condition has stabilised, we will prepare your lump sum claim. This will mainly involve gathering medical material from the doctors you have seen for treatment. You will be assessed by medical experts according to specific guidelines to determine your level of whole person impairment.

In order to receive compensation, you must obtain an assessment of at least 11%. We liaise with TAC to agree on the appropriate experts to ensure all potential injuries are considered and assessed.

Common Law Compensation

You can access further compensation for your transport accident related injuries if you can establish that:

  • You have suffered a serious injury; and

  • Your injury was caused by the negligence (fault) of someone else

You have six years from the date of your transport accident to bring a claim for common law compensation.

Serious Injury

A serious injury is defined as:

  • A whole person impairment rating of 30% or more; or

  • A serious long term impairment or loss of body function; or

  • A permanent serious disfigurement or scarring; or

  • A severe long term mental or severe long term behavioural disturbance or disorder; or

  • Loss of a foetus

 

Negligence

You must be able to establish that the accident was caused by the fault of another party in order to access common law damages.

 

Damages (Compensation)

If you can establish serious injury and negligence you can access damages for your pain and suffering and economic loss. This involves preparation of a serious injury application which includes an affidavit that details your before and after picture.

TAC serious injury applications must comply with protocols and include evidentiary information including medical and earnings information. We will prepare these documents on your behalf.

If you are granted a serious injury certificate by TAC, we will then represent you in settlement negotiations.

If your serious injury application is rejected, we will advise you in respect of potential litigation to challenge their decision. Similarly if TAC don’t acknowledge fault on behalf of a driver, we can advise you about litigating on that decision.