A growing number of Victorians injured in transport accidents are facing significant hurdles in their attempts to secure compensation from the Transport Accident Commission (TAC), with personal injury lawyers reporting an increase in rejected or disputed claims.
While the TAC’s statistics show a slight increase in the number of claims for people hospitalised for more than 14 days, from 665 to 678 in the 12 months to February 2025, lawyers say the process of obtaining a “serious injury” classification—a requirement for a common law claim—is becoming increasingly difficult. This, in turn, can prevent people with life-altering injuries from accessing the full compensation they are entitled to for pain and suffering and economic loss.
“We are seeing a noticeable trend of the TAC becoming more demanding and adversarial,” said John Karantzis, a Partner and Head of Personal Injury Law at Carbone Lawyers. “Our clients, who are often in a vulnerable state after an accident, are being subjected to a much higher level of scrutiny and an increasing number of requests for additional information.”
Lawyers report that the TAC is more frequently challenging the link between a claimant’s injury and their transport accident, particularly in cases involving pre-existing conditions. This forces injured individuals to gather more extensive and detailed medical evidence to prove causation, a process that can be both time-consuming and emotionally taxing.
“The TAC is pushing back on a wide range of expenses and entitlements, from funding for ongoing treatment to loss of income benefits. It’s become a battle of paperwork and expert reports,” Mr Karantzis explained. “This is placing a significant burden on people who are already struggling to recover.”
“The objective of the TAC scheme is to support Victorians who have been injured on the road,” said Mr Karantzis. “And while we can appreciate how important it is that only the most deserving claims are accepted, people should be prepared for greater scrutiny, especially if their claim is initially rejected.”
Carbone Lawyers is urging anyone who has been injured in a transport accident to seek legal advice promptly to ensure their rights are protected and they have the best chance of navigating the increasingly complex claims process.
