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If you’ve been injured in a car accident in Victoria, you can claim compensation through the TAC (Transport Accident Commission) scheme. However, the amount you receive for your car accident injury claim can vary significantly depending on your injuries and how your claim is handled.
For example, it’s not uncommon for treatment like physiotherapy to be denied or cut off, and lump sum entitlements are not paid to you automatically – you have to apply for them separately.
This article will help you learn about your compensation entitlements and get all the financial support you need to recover from your injuries. It also includes expert tips and advice from our Victorian car accident lawyers.
Here are some common enquiries we receive from Victorians making car accident injury claims:
This article includes a simple step-by-step guide to lodging your claim.
Read on to learn about lump sums that may be available to you.
This is a common situation, but there are several ways TAC decisions can be overturned.
We’ve included a section on disputing TAC denials and how to get help with your dispute.
We have a strong track record of success with lump sum claims, and we’re here to help – read on to learn more.
If you’re in one of these situations, read on to learn more about your options and how to get the right legal advice and support.
If your car accident injury has resulted in time off work or treatment expenses, then it’s likely that it qualifies for a car accident compensation claim. Here are some of the most common car accident injuries we come across with our clients:
Neck and back injuries are some of the most common car accident injuries. The amount of compensation you can claim depends on how serious your neck and back injury is. If you sustain a whiplash or soft tissue type of injury, you’ll likely be entitled to income support and treatment while you recover.
However, if your neck and back injury is more severe and includes nerve damage or requires surgery, you may be entitled to a lump sum for permanent impairment, and you may be able to make a common law claim.
The most serious neck and back injuries, which require major surgery, restrict your ability to work or require ongoing treatment or care, tend to result in much higher compensation settlements that can run into hundreds of thousands or even millions of dollars.
The compensation you can claim after a car accident will depend on how your head injuries are classified in terms of your level of impairment. Less serious injuries are “soft-tissue” injuries like whiplash or concussion; more serious injuries include spinal or skull fractures or traumatic brain injuries (TBIs). If your injuries are classified as serious and the accident wasn’t your fault, then you may be entitled to significant lump sum compensation.
Car accident injuries that involve broken bones or require surgery can be classified as serious injuries and qualify for lump sum payments in addition to weekly benefits.
Injuries that result in pain, inflammation, and bruising are generally considered less serious. They may qualify for weekly benefits if you need time off work or incur any treatment expenses, but are less likely to qualify for significant compensation.
Just like physical injuries, if you have a permanent psychological injury assessed as more than 10% WPI, you can claim an additional impairment benefit on top of your weekly benefits.
If you’re not sure if your injury qualifies for a TAC claim, you can call 13 15 15 and find out.
A specialist lawyer will review your circumstances and tell you how much you can claim.
Drivers, passengers, pedestrians, and cyclists injured in car accidents in Victoria can make a car accident injury claim through the TAC.
You can claim if you were injured:
If you were the driver at fault, you can still claim to help pay for the treatment and support you need.
In the 2021/22 financial year, the TAC paid out $1.54 billion in benefits and compensation to more than 43,000 people*. That’s an average of over $35,000 per person. However, payouts for more serious injuries are generally much higher – the TAC states that it paid an average of $2.25 million for each serious injury (e.g., traumatic brain and spinal injuries) in that year*.
For less serious injuries where you are expected to make a full recovery, regardless of whether you were at fault, you’re eligible for weekly benefits that will cover:
*https://www.tac.vic.gov.au/about-the-tac/our-organisation/what-we-do
Yes, the Victoria TAC scheme is a no-fault scheme, which means even if you were at fault, you can still claim treatment and income support while you recover.
You should report the accident to the police and get the police report number or the details of the officer attending the accident.
This includes the date and location, details of other people involved and witnesses, and details of other vehicles.
See your doctor and ask for a signed certificate of capacity, noting all of your injuries. Other medical evidence can include a hospital discharge summary, a medical certificate, or a letter from your doctor.
Tip: It’s important that you have evidence of all of your injuries, regardless of how minor they might seem at the time. This can have a big impact on your compensation.
You’ll need details of your income and your bank details. You can lodge your claim using the online claim form or by calling the TAC.
Tip: You have 12 months to lodge your claim, but there are some exceptions, so if it’s been more than 12 months, you should still lodge your claim as soon as you can.
If you have any questions about making your claim, you can call us on 13 15 15 for free advice.
If you have a permanent physical or psychological injury assessed at more than 10% WPI (whole person impairment), you can claim a lump sum impairment benefit on top of your weekly benefits.
If you’re seriously injured and someone else was at fault (or partly at fault), you can also make a common law claim for additional lump sum compensation. A serious injury may be a single injury or a combination of injuries that add up to a WPI of 30% or more.
For more information, read our TAC Payouts Guide.
Call 13 15 15 or chat to us now for free advice
Chat nowFind out how much you can claim.
Get startedYes, if you’re claiming a common law lump sum, you should engage a lawyer.
Tip: If you’re seriously injured, it’s highly recommended that you speak to a lawyer who specialises in Victorian car accident claims and get some advice on your lump sum entitlements.
If your claim is denied, there are three steps you can take to challenge the decision:
An informal review allows you to dispute a TAC claim decision, and you can request one if your claim is denied. This means your case will be looked at by a review officer at the TAC who’ll either change or uphold the original decision.
If the informal review doesn’t go your way, you can lodge a TAC dispute application. Your lawyer will play an important part in this process, presenting evidence on your behalf, such as medical reports, vocational assessments, and details about your ability to work, which will support your claim that the decision was incorrect.
If you’re still unhappy with the TAC’s decision about your claim, you have 12 days after being informed of their decision to request a VCAT review.
We have a strong track record of getting denied claims approved – in fact, we win over 99% of our cases, and we work on a no win, no fee basis.
A lot of clients come to use because their treatment (like Physiotherapy) has been cut off or denied. We have a strong track record of getting these TAC decisions overturned by presenting evidence to show why the treatment is needed.
If you need treatment that has been refused or cut off by the TAC, call us on 13 15 15 for advice on your options.
You can call us and get free advice from one of our Victorian car accident lawyers by calling 13 15 15, or use the web chat link on this page during business hours, or fill out the enquiry form below.
Although the TAC scheme is there to support you when you’re injured, there are many situations where you can miss out on benefits or lump sums if your claim isn’t handled correctly. Whether you need free advice or you’d like to engage a Victorian car accident lawyer, we’re here to help make sure you receive all the benefits and lump sums you’re entitled to.
Lydia Wheatley
Partner
Partner and practice group leader for our national Superannuation and TPD insurance team, Lydia is an accredited specialist with over 20 years’ experience in plaintiff personal injury law spanning multiple jurisdictions and practice areas.
Our senior lawyers will assess your case for free.
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