After a transport accident, the first question most people ask is not about compensation. It is simpler than that. Am I eligible for a TAC claim? It is the question we hear most, and the answer is broader than many people expect.
This guide explains TAC claim eligibility in Victoria: who can claim, what benefits may be available, the time limits that apply, and the first steps to start a claim.
In short: TAC claim eligibility is broader than most people expect. If you were injured in a transport accident in Victoria, you may be eligible for TAC support whether or not you were at fault. Eligibility is not limited to drivers. Passengers, pedestrians, cyclists and motorcyclists injured in an accident involving a car, truck, motorcycle, bus, tram or train may all be able to claim.
Who is eligible to make a TAC claim?
The Transport Accident Commission scheme covers people injured in transport accidents in Victoria. TAC claim eligibility rests on two questions: were you injured in a transport accident, and did it happen in Victoria (or in another state involving a Victorian-registered vehicle, in some circumstances).
You may be eligible if you were injured as a:
- Driver of a car, truck or other vehicle
- Passenger in any vehicle involved in an accident
- Pedestrian struck by a vehicle
- Cyclist injured in a collision with a vehicle
- Motorcyclist or pillion passenger
The scheme is a no fault scheme. That means support may be available whether you were at fault or no fault. Fault becomes relevant only for some categories of benefit, not for access to the scheme itself. That, in essence, is who can make a TAC claim in Victoria. The scheme looks at the accident, not the person.
What benefits are available through the TAC?
TAC support is broader than a single payment. Depending on your injuries and circumstances, benefits can include:
- Medical and like expenses. Treatment, rehabilitation, medication, travel to appointments and household support. Medical care needed because of the accident generally remains compensable through the TAC claim, including where complications arise from treatment.
- Income support. Payments while your injuries keep you from working.
- An impairment benefit. Where an injury results in permanent impairment that meets the qualifying threshold under the legislation.
- Common law damages. Where the injury is a serious injury within the meaning of the legislation and another party was at fault, a separate common law claim for damages may be available. This is where experienced TAC claim lawyers make the most difference, because these claims are assessed and contested very differently from statutory benefits.
TAC claim eligibility is only the first question. Which benefits apply to you depends on your injuries, your work situation and the circumstances of the accident. No two claims look the same.
It is also worth naming the situations we see most. Regional roads carry a disproportionate share of serious accidents, and distance makes everything harder: treatment, appointments, paperwork. Passengers often do not realise they can claim in their own right, including when the driver of their own vehicle was at fault. And pedestrians and cyclists sometimes assume the scheme is only for people in cars. None of that is how the scheme works. If a transport accident in Victoria injured you, the starting assumption should be that support may be available.
Time limits for TAC claims
Lodge your claim as soon as possible after your injuries become apparent. Generally speaking, a claim must be submitted within 12 months. Extensions are available in some circumstances, upon application, for no longer than 3 years. Some injuries take time to show themselves, which is why the scheme works from when the injuries first become apparent, not just the date of the accident. The safest course is simple: do not wait.
How to start a TAC claim
The first steps are straightforward:
- Report the accident. To the police if they did not attend, and record the details of everyone involved.
- See a doctor. Your health comes first, and your medical records become the foundation of the claim.
- Lodge the claim with the TAC. This can be done by phone, and your lawyer can do it with you.
- Get advice before major decisions. Especially before accepting any assessment of impairment or any offer.
Most people who call us do not know where to start. That is completely understandable. You tell us what happened. We will take it from there.
What if the TAC does not accept your claim?
Sometimes, the TAC may not accept a claim or make a decision that we do not agree with. For example, the TAC may not initially accept liability, may dispute whether an injury is related to the accident, or may make a decision about funding certain medical expenses. None of these is the end of the road.
Decisions can be reviewed and challenged, and disputes over liability and benefits are resolved through the scheme’s dispute processes and, where necessary, independent review. These disputes must be submitted within 12 months of a decision. What matters at that point is preparation: the medical evidence, the records, and a clear account of how the accident has affected your life. In our experience, claims that are contested early are often resolved well when the groundwork is done properly.
If you have received a decision you do not understand or do not agree with, get advice as soon as possible. The steps you take immediately after a decision can affect the options that remain open. Again, the safest course is simple: do not wait.
Where to from here
If you are not sure where you sit on TAC claim eligibility, that is the first question to put to us. Whether your claim is straightforward or contested, the difference between managing it alone and having it managed for you is significant. The TAC is a large scheme, and injured people are dealing with it at the hardest possible time. You do not have to.
Call 1300 FEARLESS (1300 332 753) or visit nationalcompensationlawyers.com.au to speak directly to our TAC team. The first conversation is free. No win, no fee.*
Prefer to start online? Request a free claim check at nationalcompensationlawyers.com.au/free-claim-check and tell us what happened.
*Conditions apply.
Frequently asked questions
What is the average TAC payout for a serious injury in Victoria? There is no reliable average, and any single figure can be misleading. With a common law claim, damages can be claimed for pain and suffering and economic loss, and the amount depends on the injury, the evidence and the circumstances. A lawyer can give you a realistic view of your own matter.
What are the time limits to lodge a TAC claim? Lodge within 12 months of your accident or or when the injuries first become apparent. Extensions are available in some circumstances, upon application, for no longer than 3 years.
What medical expenses will the TAC pay for after a road accident? The TAC can pay for reasonable medical and like expenses arising from the accident, including treatment, rehabilitation, medication and travel to appointments. Care needed because of the accident generally remains compensable through the TAC claim.
Can I sue for a car accident if I am receiving TAC weekly benefits? Receiving statutory benefits does not prevent a common law claim. Where your injury is a serious injury within the meaning of the legislation and another party was at fault, a claim for damages may be available alongside the benefits you already receive.
What qualifies as a serious injury under TAC law? Serious injury is a defined threshold under the legislation, assessed on the nature and consequences of the injury rather than a simple checklist. Because the assessment is technical and often contested, it is one of the most important questions to put to a lawyer early.
Do I need a lawyer for a TAC compensation claim? Not for every step, but the claims where TAC claim lawyers change the result are common law damages claims, disputed benefits and serious injury applications. Advice early costs you nothing and protects the decisions that matter later. The first conversation is free.
Amy Caldow is a Principal Lawyer at National Compensation Lawyers leading the firm’s TAC practice. She has run transport accident claims for clients across Melbourne and regional Victoria. To speak directly to Amy’s team, call 1300 FEARLESS (1300 332 753) or visit nationalcompensationlawyers.com.au.