Transport Accident Lawyers Melbourne

If you have been injured in a transport accident, you may be entitled to compensation. Our transport accident lawyers can assist you with personalised advice on whether you are eligible to make a claim.

Car accidents are quite common, but they are far from the only transport accidents where a claim may be made. A transport accident is any accident involving a motor vehicle including; a car, truck, motorcycle, train, bus or tram. Pedestrians and cyclists may also be entitled to claim benefits.

Compensation in Victoria is paid by the Transport Accident Commission (TAC), a Government organisation which supports those people injured in transport accidents. Other States have similar Authorities. However, different rules apply. We encourage you to contact National Compensation Lawyers to discuss your specific circumstances whether it is for a car accident or any other motor vehicle.

Making Claims in Melbourne

The TAC is a “no fault” scheme. It does not matter whether you caused the accident or whether you can identify the other motor vehicle or driver involved.

Compensation can include:

For those injured in a transport accident where the fault is that of another motor vehicle user, you may also have a Common Law damages claim against the offending driver for your:

When lodging a TAC claim, strict time limits apply. Normally a claim is to be lodged within 12 months from the date of injury. There are some exceptions where this can be extended – see our FAQ section.

Enlist our Lawyers for Your Best Chance of Success

The Law surrounding TAC claims is complex. It is very important to note the TAC will not provide you with independent legal advice or assist you in getting your full compensation benefits. In fact, they will likely be advised by their own solicitors.

If you have been injured in a transport accident, you need expert advice regarding your rights and entitlements. We provide this advice and progress your claim to ensure the prompt payment of medical bills, loss of income, lump sum payment and other compensation entitlements.

Along with motor vehicle accidents, our lawyers can assist with compensation for work injuries, ComCare and public liability. Arrange a free consultation in Melbourne for personalised advice on your case.

National Compensation Lawyers offer visiting services throughout Melbourne and Victoria. If you have an injury which causes you to remain in hospital or render you housebound, we will come to you.

National Compensation Lawyers act on a “No Win, No Fee” basis. Simply put, this means that if we do not win, you do not pay our legal fees.

Please read more about TAC claims in our FAQ section.

Our Commitment to You

National Compensation Lawyers are Fearless. We will take on the TAC.

National Compensation Lawyers are Determined. We will fight to ensure you receive your maximum compensation entitlements.

National Compensation Lawyers are Compassionate. We genuinely care. We will guide you through the claim or legal process with patience and understanding.

For more information, or to arrange an obligation-free consultation with a lawyer, please call us on 1300 FEARLESS (1300 332 753).

Contact us for a free consultation today

Our Commitment to You

National Compensation Lawyers are Fearless. We will take on the WorkCover Authority/their respective insurance company.

National Compensation Lawyers are Determined. We will fight to ensure you receive your maximum compensation entitlements.

National Compensation Lawyers are Compassionate. We genuinely care. We will guide you through the claim or legal process with patience and understanding.

Who can claim?

The Transport Accident Commission (TAC) is a Victorian Government owned organisation. Their function is to provide compensation and support to those injured in transport accidents which occur in Victoria or in some circumstances Interstate.

Accidents in Victoria

A claim can be made with the TAC if:

Those who can claim include:

Interstate accidents

If you were involved in a transport accident that occurred outside the State of Victoria, you may still be entitled to TAC benefits. A TAC claim can be made if:

If you were involved in a transport accident that occurred outside the State of Victoria, however, you do not fit in the above categories, your rights and entitlements may be governed by the Laws of other States and Territories which have similar authorities.

To understand your rights further, to obtain further advice or to arrange an obligation-free consultation with a lawyer, please call us on 1300 FEARLESS (1300 332 753).

Claims Process

After suffering injury in a transport accident, it is important you act quickly to:

It is important to act quickly when injured as you only have 12 months from the date of accident to lodge a claim with the TAC. For those injured before their 18th birthday, you have 12 months from your 18th birthday to make a claim. In some exceptional circumstances, this time period can extend to 3 years, however, not thereafter.

What happens once I submit the TAC Claim Form?

Once you have submitted your TAC Claim, the TAC within 21 days, must either:

After receiving the information requested, the TAC has 14 days to notify you of their decision.

If the TAC rejects your claim for compensation or makes a decision which negatively affects your rights, you can appeal their decision to the Victorian Civil and Administrative Tribunal (VCAT) an Application to VCAT is to be made within 12 months from the date of TAC decision.

If you are not happy with the decision of the TAC or you wish to obtain further advice, please contact 1300 FEARLESS (1300 332 753) for your obligation-free consultation with a lawyer.

No Win No Fee Lawyer

What Benefits Can I Claim?

Where you have an accepted TAC compensation claim, the TAC provide a range of “no fault” benefits. These benefits are payable to those injured regardless of whether they cause the accident. Your “no fault” benefits include:

If you are unable to work as a result of a transport accident you can claim for your loss of earnings and earning capacity benefits. There are two important time periods you need to be aware of:

At the expiration of 3 years from the date of accident, your loss of earning capacity benefits will cease unless you have been assessed as suffering a permanent impairment of 50% or more. For more information on permanent impairment claims, please refer to our permanent impairment section.

Loss of earning benefits

For those injured in an accident who were employed or self-employed at the date of the transport accident or had worked in the previous 2 years before the accident, you can claim for loss of earning benefits.

The TAC will pay loss of earning benefits at the rate of 80% of your pre-accident weekly earnings for the first 18 months after your accident.

If you are partially incapacitated for work, the TAC will pay you at the rate of 85% of the difference between your pre-accident weekly earnings and the current wage you are receiving.

To be entitled to loss of earning benefits, you are required to provide and continue to provide the TAC with medical certificates detailing your incapacity to work.

Loss of earning capacity benefits

For the period 18 months post-accident to 3 years after the accident, an injured person can seek benefits for loss of earning capacity.

You will be required to provide the TAC with medical certificates confirming your inability to work.

The TAC will pay loss of earning capacity benefits at the rate of 80% of your pre-accident earning capacity (with a maximum amount payable).

Your medical and rehabilitation expenses

The TAC has an obligation to pay “reasonable” medical and like expenses. There is an initial excess which must be paid prior to the TAC taking responsibility for medical expenses. This medical excess does not apply if you were admitted to hospital post-accident. All accident related accounts should be sent directly to the TAC for payment.

The payment of medical and like expenses continues for as long as needed. However, the TAC will stop or choose not to pay when no progress is evident or when the medical treatment is not providing any clear benefits.

Medical and like benefits include:

Lump sum compensation for permanent injuries suffered

A person injured as a result of a transport accident can claim for lump sum benefits as part compensation for their pain and suffering.

To be entitled to an impairment benefit, you have to meet the following criteria:

The impairment benefit scheme and lump sum compensation is quite modest. The lump sum payment is paid on a rising scale for each percent greater than 10%

Making a claim against the at fault party.

A person injured in a transport accident may have a further right to seek damages at Common Law. This requires the injured person to prove the negligence/fault of another party, at least in part.

Under Victorian Law, you can make a claim for damages at Common Law if you have suffered a “serious injury“. A serious injury is defined as:

An injured person can sue for damages, this includes:

A claim for damages at Common Law is to be commenced within 6 years from the date of accident or recognition of injury.

In bringing a Common Law claim, a significant amount of preparation is required. We encourage you to contact this office as early as possible to understand whether a Common Law claim exists for you.

Cyclists, Public Transport and Pedestrian Accidents

Bicycle Claims

If you are a cyclist injured in an accident caused by:

then compensation is available through the TAC.

Unfortunately there is a growing trend of cyclists injured in car-dooring incidents. Click here to read more about bike safety and road rules.

To ensure your rights are protected and benefits paid please contact 1300 FEARLESS (1300 332 853).

Public Transport Accidents

Those injured while travelling upon public transport have a right to claim compensation through the TAC.

Should you be injured, you should immediately report the incident to the operators responsible for the public transport service. Further, seek medical assistance reporting the injuries suffered.

To make a claim with the TAC, please refer to our claims process for further information.

Pedestrians

If you are a pedestrian injured as a result of the driving of a car, motorcycle, bus, train or tram, you may have further benefits available under the TAC Scheme.

To understand whether you are eligible contact this office on 1300 FEARLESS (1300 332 753).

Transport Accident Frequently Asked Questions

What is the Transport Accident Commission (TAC)?

The Transport Accident Commission (TAC) is a Government organisation established under the Transport Accident Act 1986. Its purpose it to support and pay various benefits and compensation to people injured in transport accidents. A portion of your vehicle registration fees fund its work.

Why do I need a lawyer?

The TAC does not provide independent legal advice or assist you in maximising your compensation benefits. The TAC is advised by its own solicitors. You should obtain independent legal advice from a National Compensation lawyer experienced in this field.

Who can make a TAC claim?

The TAC covers those injured in transport accidents in Victoria, or by a Victorian registered vehicle, including:

What is the first step to lodging a TAC claim?

If injured in a transport accident, it is important you act quickly to:

It is important to act quickly when injured as you only have 12 months from the date of accident to lodge a claim with the TAC. In some exceptional circumstances this can extend to 3 years, however, not thereafter.

Are there important time limits I need to be aware of?

Yes.

After sustaining injury in a transport accident, every effort should be made to lodge a claim for compensation with the TAC within 12 months from the date of accident. In some exceptional circumstances this can be extended to 3 years.

If a person was less than 18 years old when an injury was suffered, a claim must be made by the day before they turn 21.

Should you have an active TAC claim and the TAC make a decision that negatively affects your entitlements, a Dispute Application must be lodged with VCAT within 12 months from the date of decision. This is a complex Application and advice should first be sought from National Compensation Lawyers.

A claim for damages being your “pain and suffering” and “loss of earnings” (i.e. a common law claim) as a result of the fault of another party must be made within 6 years from the date of accident or recognition of injury. For those under the age of 18 at the time of suffering injury, 6 years from the date you turn 18 There is considerable preparation required with such a claim and you should contact National Compensation Lawyers as early as possible to ensure the appropriate material is gathered on your behalf.

What benefits can I receive from the TAC?

Should the TAC accept your claim, you may be able to claim compensation which includes:

What if I am unable to work or can no longer return to my former employment?

If you are unable to work as a result of a transport accident you can claim for your loss of earnings and earning capacity. There are two important time periods you need to be aware of:

At the expiration of 3 years from the date of accident, your loss of earning capacity benefits will cease unless you have been assessed as suffering a permanent impairment of 50% or more. For more information on permanent impairment claims, please see below.

What medical and rehabilitation expenses can I claim?

The TAC has an obligation to pay “reasonable” medical and like expenses. There is an initial excess which must be paid prior to the TAC taking responsibility for medical expenses. This medical excess does not apply if you were admitted to hospital post-accident.

The payment of medical and like expenses continues for as long as needed and include:

What can I do if the TAC makes a decision that affects my claim?

If you disagree with a decision made by the TAC in administering your claim you can appeal the decision to the Victorian Civil and Administrative Tribunal (VCAT). An application to VCAT is to be made within 12 months from the date of TAC decision.

It is important to contact National Compensation Lawyers at this stage to ensure proper dispute channels are complied with.

What if I have suffered a permanent injury?

If you have suffered a permanent injury, you can claim for lump sum benefits as part compensation for pain and suffering.

To be entitled to this benefit, you have to meet the following criteria:

How is lump sum compensation for permanent impairment calculated?

A transport accident victim’s permanent impairment is assessed in accordance with the American Medical Association Guide to the Evaluation of Permanent Impairment 4th Edition. The extent of the impairment is then used to calculate the amount of the lump sum payment on a rising scale from 10%.

What if I am injured in a transport accident whilst at work?

Your initial entitlements are covered by the Victorian WorkCover Scheme. However, if you are injured travelling to or from work you may be covered by the TAC. Further, you may have common law rights to compensation.

Can I sue the at fault driver who caused my injury?

If another person’s negligence was a cause of your injuries, you may be able to bring a claim for damages being your “pain and suffering” and “loss of earnings” (a common law claim). To receive compensation, however, you need to show you have suffered a “serious injury”. This test is quite complex and we encourage you to contact National Compensation Lawyers to discuss further. Do not make your own assessment of negligence or your “serious injury”.

What if I caused the accident?

You may still be able to claim compensation benefits, including:

What if I live in Victoria but was injured in another state?

If a Victorian resident is injured or dies in an interstate accident involving a Victorian registered vehicle or was the occupant of a Victorian registered vehicle, then a claim can be made with the TAC.

Most other states and territories have similar Authorities. However, these may have different rules, so we encourage you to contact National Compensation Lawyers to discuss your specific circumstances.

What if I cannot identify the vehicle or driver who caused the accident?

It does not matter if you cannot identify the vehicle or driver involved in the accident. You can still claim under the TAC scheme.

I am a cyclist, can I claim?

Yes. Cyclists are covered if their injuries have occurred as a result of a motor vehicle, motorcycle, bus, tram or train. For example, if a cyclist is injured whilst swerving to avoid a car or the opening of a car door.

I am a pedestrian, can I claim?

Yes. Pedestrians who suffer injuries caused by the driving of a motor vehicle, motor cycle, bus, tram or train are covered by the TAC.

I was injured whilst travelling on public transport, can I claim?

Yes. If injured on public transport you have a right to claim. You should immediately report the incident to the service operators.

To make a TAC clam, to obtain further advice, or to arrange an obligation-free consultation with a lawyer, please call us on 1300 FEARLESS (1300 332 753).