A serious injury in a transport accident can turn your life upside down. Whether it’s chronic pain, loss of mobility or psychological trauma, the impact can be long-lasting. Amid hospital visits, time off work, and uncertainty about the future, many people ask “Am I getting all the compensation I deserve?”
If your injuries are significant, there may be more available to you than the standard Transport Accident Commission (TAC) benefits. Injured people are entitled to common law damages, which can include compensation for pain and suffering, but only if you meet certain legal criteria.
Carbone Lawyers have supported thousands of injured Victorians in securing their rightful entitlements under TAC law. We aim to explain the current maximum compensation available, who can access it, and why the right legal support matters.
Understanding TAC and Your Right to Compensation
The TAC is Victoria’s statutory insurer for transport accidents. If you’re injured in a car, bike, public transport, or pedestrian incident, you may be entitled to benefits, regardless of who caused the crash.
These no-fault benefits cover medical treatment, income support and other related expenses. But for people who have suffered serious injuries, the law may allow a much larger payout through a common law claim, which is based on the fault of another party.
If this applies to you, your compensation could include a lump sum for pain and suffering, something the no-fault system doesn’t cover.
Types of TAC Compensation Available
Understanding your entitlements starts with knowing the difference between the TAC’s two main types of compensation:
Statutory (No-Fault) Benefits
Available to all eligible claimants, these benefits include:
- Hospital and medical treatment
- Income support
- Rehabilitation services
- Lump sums for permanent impairment
Common Law Compensation
If another party was at fault and your injuries are serious, you may be able to claim:
- Pain and suffering damages
- Loss of earnings (past and future)
The maximum compensation amounts from 1 July 2025 (Transport Accident Commission) are:
- Pain and suffering: up to $680,160
- Loss of earnings (pecuniary loss): up to $1,530,470
| Benefit Type | Statutory (No-Fault) | Common Law Damages |
| Fault Required? | No | Yes |
| Covers Medical Costs? | Yes | Yes |
| Pain and Suffering? | No | Yes |
| Loss of Earnings? | Limited | Up to $1.53M (pecuniary loss) |
| Lump Sum Cap? | Based on impairment rating | Up to $680,160 (pain/suffering) |
Do You Qualify for a Common Law Claim?
To pursue common law compensation, two conditions must be met:
- You have a “serious injury”, either:
- A whole person impairment rating of 30% or more, or
- A Serious Injury Certificate (based on lasting pain, disability or psychological trauma)
- Another party was at fault, typically:
- The driver or owner of a vehicle used negligently
- The operator of a tram, train or other transport service
- A passenger or a third party
Even if the person at fault is unknown or uninsured, you can still claim. The TAC compensates injured people under Victoria’s transport accident scheme, regardless of the at-fault party’s insurance status.
Carbone Lawyers can determine whether your injuries meet the legal test and guide you through the TAC Claims process of lodging a serious injury application.
How Long Does a TAC Compensation Claim Take?
Once a common law claim is lodged, the average time to resolution is approximately 12 months. However, timelines vary:
- Straightforward claims may settle in a few months
- Complex or disputed cases can take two years or more
Your injury must also be reasonably stable, that is, unlikely to significantly improve or deteriorate, before a claim can be assessed. A medical professional will determine if your injury has stabilised.
Does Common Law Compensation Affect Other TAC Benefits?
If you receive common law compensation, some other payments may be reduced or affected, including:
- Lump sum impairment benefits
- Annuity-style impairment benefits
- Loss of earning capacity benefits
- Non-earner or minor’s benefits
- Any compensation from other schemes (like WorkCover)
That said, your treatment and recovery costs remain covered by TAC. If you’re receiving Centrelink or other government payments, you should seek advice about how a lump sum payout might impact your entitlements.
Common Concerns About Claiming Compensation
Do I have to sue someone to claim common law damages?
In practice, claims are made against insurance, not individuals. Most are resolved without having to go to court.
What if I can’t identify the at-fault person?
You may still be eligible. TAC allows for claims in cases where the responsible party is unknown.
What if my injuries aren’t yet stable?
You may need to wait before a final claim can proceed. However, it’s crucial to begin discussions early, as building your case takes time.
Am I too late to claim?
You usually have six years from the date of the accident. For minors, this window extends to six years from your 18th birthday. In exceptional cases, courts may allow more time.
Why You Should Get Expert Legal Advice
TAC law is complex. Serious injury claims involve detailed evidence, legal assessments, and negotiations that significantly impact the final payout.
Carbone Lawyers manage the full process on your behalf, from confirming your eligibility to preparing evidence and dealing with TAC. With decades of experience in Victorian road injury law, we fight for what you’re entitled to.
We also operate on a No Win, No Fee basis, meaning there are no upfront legal fees, and you pay nothing unless we win your case.
Don’t Settle for Less Than You Deserve
If your injuries are long-lasting and someone else was at fault, don’t assume the initial TAC payments are all you’re entitled to. You could be eligible for substantial compensation, but time is limited, and evidence takes time to gather. Get Carbone on the phone.
