TAC Claims
The Transport Accident Commission (TAC)
The Transport Accident Commission (TAC)
Every registered vehicle in Australia has Compulsory Third Party (CTP) insurance included in the cost of registration. This money is used to compensate anyone injured in an accident. In Victoria, the Transport Accident Commission (TAC) administers this process.
All road users, including drivers, passengers and pedestrians injured on the road, can claim against the TAC for medical and other expenses. They may also pay benefits to the family or dependents if someone has died in the accident.
Who can claim compensation from the TAC?
- Any driver or passenger injured in a car, ute, van, truck, motorcycle or scooter accident, regardless of cause or fault
- A pedestrian injured by a vehicle
- A cyclist injured riding on the road, dedicated bicycle path or shared pathway
- A passenger injured on a tram, bus or train
- A worker injured while operating work-related vehicles like forklifts, tractors or quad bikes
What compensation will I receive if my TAC claim is accepted?
INCOME ENTITLEMENTS
If you can no longer work or can only manage limited tasks and reduced hours, you may be able to receive weekly compensation payments of up to 80% of your pre-accident income for up to three years.
If your impairment reaches a 50% threshold, TAC benefits may be payable until retirement age.
MEDICAL COSTS
TAC Compensation covers costs like:
- Doctor, hospital and ambulance fees and pharmaceuticals
- Rehabilitation and disability services
- Help to return to work or re-training
- Home and vehicle modifications
- Home help services like child care, cleaning, gardening and school tutoring
- Psychology and family counselling
- The cost of travel to and from medical appointments
- Travelling and accommodation expenses for a spouse / dependent children in certain circumstances
- Funeral expenses
LUMP-SUM BENEFIT
If your injury is severe and permanent, you may be entitled to a lump sum impairment benefit. The team at Carbone Lawyers will advise if you are likely to qualify for this benefit.
CLAIMING DAMAGES UNDER COMMON LAW
If the injury is considered “serious” as defined under the law and the accident was due to another person’s negligence, such as driving under the influence of alcohol or drugs, you may be able to claim damages under common law. This would be in addition to any compensation you receive from the TAC.
What damages can I claim in a Common Law action?
- Pain and suffering
- Future loss of earnings and loss of earning capacity
- Loss of superannuation contributions.
How long do I have to make a TAC claim?
- Generally, you need to lodge your claim within 12 months of the date of the accident. In certain circumstances, the TAC may still accept a claim up to three years after the accident.
- Claims for reimbursement of costs must be made within two years from the date the expense was incurred.
- Claims for a lump sum impairment benefit must be made within six years of the accident date.
- Common Law claims for damages must be made within six years of the date of the accident.
If you have been in a road or transport accident and are approaching any of these milestones, it is crucial that you seek legal advice as soon as possible. Even if these time limits have expired, you should still seek guidance, as the TAC can make exceptions. The team at Carbone Lawyers will be able to advise you on the best course of action.