Most people who come to us after a serious transport accident are not thinking about a number. They are thinking about whether they will recover, whether they can keep paying the bills, and whether the system is going to believe them. The compensation matters, but it usually comes second to getting their life back. Our team manages TAC claims for clients across Melbourne and regional Victoria.

This is one of those stories. A man in his early thirties, working in healthcare, whose life changed in a single transport accident. With his consent, and with his details kept anonymous, we are sharing how his claim was handled and how it was resolved. TAC payout stories like this one are not a guide to what you will receive, because no two claims are the same. But they show what a serious injury claim can involve, and how it can resolve. It is not legal advice for your circumstances.

This claim at a glance

  • Client: a healthcare worker in his early thirties
  • Injuries: a traumatic brain injury, a spinal injury and a psychological injury
  • The hurdle: the TAC did not initially accept full liability, even though the other driver had been charged
  • Outcome: $500,000 for pain and suffering and economic loss
  • Resolved: without court proceedings being issued, around two and a half years after first contact

In short: this TAC payout story follows a healthcare worker in his early thirties who settled his serious injury claim for $500,000 in pain and suffering and economic loss, without court proceedings ever being issued. The matter resolved around two and a half years after he first contacted us. The outcome reflects this client’s specific injuries, evidence and circumstances. Every claim is different.

The accident and the injuries

Our client was injured in a transport accident caused by another driver. The injuries were significant. He suffered a traumatic brain injury, a spinal injury, and a psychological injury. The driver responsible was later charged in relation to the accident.

Injuries like these rarely affect only one part of a person’s life. A traumatic brain injury can affect memory, concentration and mood. A spinal injury can change how you move, work and sleep. The psychological impact of a sudden accident can sit on top of all of it. For someone in their early thirties, with a career in healthcare and years of working life ahead, the stakes were high.

When the TAC does not accept full liability

In Victoria, the Transport Accident Commission provides no-fault support to people injured in transport accidents. That support can include income assistance and the funding of reasonable medical and treatment expenses, regardless of who caused the accident.

In this case, even though the other driver had been charged, the TAC did not initially accept full liability for the accident. That is more common than people expect, and it is one of the points where having a lawyer matters most. A criminal charge against another driver does not automatically resolve how a TAC claim is treated. The two run on separate tracks.

We liaised directly with the TAC on our client’s behalf, and provided supportive evidence early, until the TAC accepted full liability. 

Keeping income and medical support in place

While the claim progressed, we focused on the practical things that keep a person afloat. We supported our client to ensure his weekly payments and medical expenses were funded appropriately by the TAC.

This part rarely makes headlines, but it is often what holds a recovery together. When income support and treatment funding are in place, a person can concentrate on getting better instead of worrying about keeping the lights on.

Standing with him through the criminal case

The accident also moved through the criminal courts, because the other driver had been charged. Our client chose to face the person responsible and read out his victim impact statement.

We supported him through that. Reading a victim impact statement is one of the hardest things an injured person can do. It asks them to put the full weight of what happened into words, in the same room as the person who caused it. Our role was to make sure he did not have to do it alone.

Returning to work

Over time, and with the right treatment and support, our client was able to return to work full-time. It was not without difficulty, and he continues to manage some restriction of duties. But returning to meaningful work was an important part of his recovery. 

Resolving the claim before court proceedings

Where another party is at fault and an injured person meets the serious injury threshold set out under the Transport Accident Act, a common law claim for damages may be available. This is separate from the no-fault support, and it can include a lump sum for pain and suffering and an amount for economic loss.

We resolved our client’s common law claim for $500,000 for his pain and suffering and economic loss. The matter settled without court proceedings being issued, around two and a half years after he first made contact with us.

TAC payout stories that resolve before court, like this client’s, usually come down to careful preparation. Settling before proceedings are issued is often in a client’s interest where the evidence is strong and the case is well prepared. It can mean a faster resolution and less stress, without the uncertainty and delay of a contested court hearing. TAC settlements reached this way are not the right path for every claim, and settling early is not always possible. But when a claim can be resolved this way, it can reduce stress and uncertainty for the injured person. 

What this case shows

We are not sharing this to suggest every claim ends this way. It does not. Outcomes depend on the injuries, the evidence, the circumstances of the accident, and how the claim is run. What this case shows is that a difficult starting point, including a TAC that did not initially accept full liability, does not have to decide the outcome. A TAC payout story is useful when it shows how a claim was built and resolved. It should not be treated as a forecast of what another person might receive. 

It also shows what good representation looks like in practice. Keeping support in place. Standing with a client through the criminal process. Building the evidence carefully. And resolving the matter at the right time, on the right terms.

Amy Caldow, who leads the firm’s TAC practice, puts it plainly: “When the TAC does not accept full liability at the start, people assume the claim is already lost. It is not. What decides the outcome is how carefully the evidence is built, and whether the client is supported through every part of it, not just the settlement.”

If you or someone close to you has been seriously injured in a transport accident, you can speak directly to your lawyer about where you stand. Call 1300 FEARLESS (1300 332 753) or visit nationalcompensationlawyers.com.au to speak directly to our TAC team. The first conversation is obligation free. No win, no fee.*

Frequently asked questions

How much compensation can you receive from a TAC claim in Victoria? There is no set amount. What you receive depends on the severity of your injuries, how they affect your life and your capacity to work, and whether another party was at fault. A serious injury claim can include a lump sum for pain and suffering and a separate amount for economic loss. We explain what your circumstances may support once we understand your situation.

What is the average TAC payout for a serious injury? There is no reliable average, and any single figure can be misleading. It is why TAC serious injury payout examples and individual TAC settlements vary so widely: payouts depend on the injuries, their long-term impact, your capacity to work, and whether another party was at fault. Two claims with similar injuries can resolve very differently. Reading TAC payout stories can give you a sense of what a claim involves, but not what yours is worth. We explain what your circumstances may support once we understand your situation.

What is a TAC serious injury application and who qualifies? It is the step that can open access to a common law claim for damages. You generally need to show your injury meets the serious injury threshold under the Transport Accident Act, either through your level of permanent impairment or by obtaining a Serious Injury Certificate. Whether you qualify depends on your injuries and their impact, assessed through a formal process.

How long does a TAC claim take to settle? There is no single answer. It depends on your injuries, how long they take to stabilise, the medical evidence, and whether liability is accepted. Some matters resolve before court proceedings are issued, as this client’s did. Others take longer.

Can you claim both pain and suffering and economic loss from TAC? Yes. Where you meet the serious injury threshold and another party was at fault, a common law claim can include both a lump sum for pain and suffering and an amount for economic loss. This client’s settlement covered both.

Do you need a lawyer for a TAC compensation claim? You are not required to have one. But TAC claims involve disputes about liability, assessments and entitlements, and the TAC assesses your claim using its own experts. If you are trying to claim compensation for an accident that was not your fault, having a lawyer means someone is building your evidence and managing the process for you. The first conversation with us is obligation free.

Can you settle a TAC claim without going to court? Often, yes. Many TAC common law claims resolve before proceedings are issued, through negotiation, where the evidence supports it. This client’s claim settled without proceedings being issued.

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.

*No win, no fee means you do not pay our professional fees if your claim is not successful. Conditions apply.