If you’ve been injured and you’re planning to make a motorcycle injury claim, there’s important information you need to be aware of to make sure you receive everything you’re entitled to. If your claim is simply processed, key details may be overlooked, and you could miss out on substantial payments.
In this claims guide, we explain everything you need to know to claim your full motorbike injury compensation, which may include lump sum payments. We’ve also included expert tips from our lawyers based on hundreds of successful Victorian motorcycle accident injury claims.
If you’ve been injured in a motorcycle accident in Victoria, you can claim compensation for your injuries through the TAC scheme. This applies to being knocked off your bike and accidents that don’t involve other vehicles.
Many injured riders submit their TAC claims and expect that they’ll automatically receive their full entitlements. However, claims are often rejected, and treatment can be denied by the TAC. Injured riders often come to us in the following situations:
It’s a good idea to get some free advice on your claim before you lodge it with the TAC, to make sure you don’t miss out on entitlements.
This is a common question. We’ve provided more information on lump sums in this article.
If a TAC decision has gone against you, read on to learn how you can get help to get the TAC’s decision overturned.
For less serious injuries where you’re expected to make a full recovery, regardless of whether you were at fault, you’re eligible for weekly benefits that will cover:
If you have a permanent physical or psychological injury assessed at more than 11% 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. If your WPI is less than 30%, you can be found to have a serious injury if you satisfy the ‘narrative test’.
For more information, read our TAC Payouts Guide.
Expert tip: To qualify for lump sum payments, it’s important that your injuries are assessed correctly. However, if the doctor who does your assessment isn’t familiar with TAC claims, they may leave out essential information without realising it. One small error could cost you tens or even hundreds of thousands of dollars.
A specialist lawyer will review your circumstances and tell you how much you can claim.
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Any injury that results in time off work or treatment expenses qualifies for benefits under the TAC scheme.
The following are the most common motorcycle accident injury claims we come across, and their likelihood to qualify for additional lump sum compensation:
These claims often qualify for significant compensation, including one or more lump sum payments. If you have a back or spinal injury, you should seek advice from a specialist motorcycle accident lawyer to make sure your claim is managed correctly.
Less serious head injuries like bruising or minor concussion tend to result in lower compensation amounts, as injured riders are often able to return to work quite quickly. However, more serious injuries like traumatic brain injuries or injuries that require surgery are likely to qualify for lump sums.
Broken legs that require surgery and time off work usually qualify for lump sum payouts and can result in significant compensation claims. We have extensive experience with these claims.
These claims generally result in time off work and treatment, especially if surgery is involved. If the injury results in permanent impairment, then it may also qualify for lump sum compensation.
Many of our motorcycle accident clients come to us with multiple injuries and qualify for lump sum compensation because they’re assessed as having a high impairment rating. If you have multiple injuries, it’s vital that your medical assessment takes all of them into account, otherwise, you could miss out on lump sum entitlements.
Expert tip: Many clients come to us because they need ongoing treatment like physiotherapy, but it has been denied or cut off by the TAC. We often get TAC denials overturned for our clients, so that they can get the ongoing treatment they need. You only have 12 months to lodge a dispute, so it’s important to act quickly.
Henry was sitting at the lights on his Harley when he was hit from behind by a car. He was seriously injured and frustrated that he couldn’t support his family, but says reaching out for help changed his life.
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*.
The data for motorcycle accident claims isn’t reported separately, but since motorcycle accident injuries tend to be more serious, injured riders are more likely to be entitled to lump sums. For this reason, it’s likely that motorcycle injury claim payouts are higher than the average across all claims.
*https://www.tac.vic.gov.au/about-the-tac/our-organisation/what-we-do
To claim your full entitlements, you’ll need to get a thorough medical assessment that takes into account all of your injuries, no matter how trivial some of them may seem. However, the medical assessment alone isn’t enough to get you there – if you’re entitled to lump sum compensation, you’ll also need an experienced Victorian motorcycle accident lawyer to gather the evidence and take care of your lump sum claims.
The good news is, you can get a lawyer to work for you on a no win, no fee basis, so you’ll only need to pay them if they win.
Expert tip: Using a no win, no fee lawyer can be a great way to get legal representation without paying anything upfront. However, not all no win, no fee agreements are the same, and there are fee traps to beware of. Read our guide to no win no fee lawyers to learn more.
There are three steps you can take to challenge the TAC’s decision if your claim or treatment is denied:
Step 1: Request a TAC informal review
Step 2: Lodge a TAC dispute application
Step 3: Lodge a VCAT application
Note: These steps must be taken within 12 months of the TAC’s decision.
You can read more about these options in our Victorian car accident compensation claims guide, or call us on 131515 for free legal advice.
There are a few situations where having a motorcycle accident lawyer on your side could result in a much better outcome for you.
Our motorcycle accident lawyers can help you with:
The only way to claim your full entitlements is to present detailed evidence of the full impact of your injuries on your life. At Law Partners, our TAC lawyers take time to get to know you and your family personally to make sure all your injuries are considered, including any psychological injuries.
Tanja Maksimovic
Partner
An accredited specialist in personal injury law, backed by over 10 years’ experience in assisting injured Australians receive everything they’re entitled to with their motor accident claim.
Our senior lawyers will assess your case for free.
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