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TAC Claims: How To Find Out If You’re Eligible.

If you’ve been injured in a motor vehicle accident in Victoria, or interstate in a Victorian-registered vehicle, you may be eligible to make a TAC claim. But if you’re facing this situation for the first time then you may be unsure about whether you qualify and what you can claim.

Whether you’ve been injured as a driver, passenger, or pedestrian, this step-by-step guide will help you understand when you’re eligible to make a TAC claim, how to make a claim, and how to get free legal advice about your TAC claim.

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Is my accident eligible for a TAC claim?

There are many circumstances where your transport accident makes you eligible for a TAC claim – even if it didn’t happen in Victoria. A transport accident is defined by the TAC as an incident or injuries directly caused by the driving of a car, motor vehicle, train, or tram. Here’s an overview of some common situations where you may be able to make a TAC claim:

In Victoria, as a Victorian resident

Any transport accident that occurs in Victoria and meets the above definition of a transport accident will mean you’re covered by the TAC and may be able to claim compensation. It doesn’t matter where the vehicle is registered.

Outside Victoria, as a Victorian resident

You’re eligible to make a claim if you’re a Victorian resident who is interstate if the accident involves a vehicle that is registered in Victoria.

This means that if you’re a passenger in a car that’s registered in Victoria, or if you’re hit or injured by another driver who’s registered in Victoria, then you’ll be eligible to make a TAC claim.

In Victoria, and a non-Victorian resident

If your injuries were caused by a vehicle in Victoria then you’ll be eligible for a TAC claim, even if you’re not a resident.

Grace was visiting her friend in Melbourne when they were involved in a car accident. Even though Grace lives in Brisbane, she was able to claim through the TAC. You can read Grace’s story here.

Public road or private property

Vehicle injuries occurring on public roads are likely to be covered by TAC, meaning it’s likely that you’ll be able to claim.

If your accident occurred on private property then it could impact your TAC claim eligibility, but you may still be able to claim. The definition of private property doesn’t include land where the public can easily access it. Something like a private farm would be considered private property, and you’re not eligible to make a TAC claim if you’re injured there, even if the incident involves a vehicle.

Am I eligible to make a TAC claim?

Anyone who’s injured in a transport accident in Victoria, or interstate in a Victorian-registered vehicle, is eligible to make a TAC claim for personal injury benefits – even if you were at fault. If your claim is successful, then the TAC will cover your medical bills, treatment costs, and lost wages.

Common situations where you might be eligible to make a TAC claim

We’ve settled thousands of motor vehicle accident claims to help Australians receive all the compensation they’re entitled to. Here are some of the most common situations we’ve come across that might mean you’re eligible to make a TAC claim:

Driver and passenger injuries

As a driver or a passenger in a vehicle like a car, truck, or van, you’re at risk of injuries if you’re involved in a crash. This can include whiplash, nerve damage, breaks and fractures, head injuries, and more.

Rider injuries

Cyclists and motorbike riders are often at risk for significant injuries, especially if they’re hit by a bigger vehicle. You’re covered for direct and indirect accidents, so you may be able to make a claim even if you collide with a stationary vehicle and get injured.

Public transport injuries

It’s not uncommon to be injured on public transport like a bus, train, or tram. This can happen while you’re a passenger, while getting on or off, and even as a pedestrian. If you’ve suffered an injury caused by public transport, then you’re covered under the TAC scheme.

Pedestrian injuries

Pedestrians are at risk of being hit by vehicles, and the potential to develop psychological injuries if they witness a traumatic road incident. If you’re a pedestrian and you’re injured by a vehicle, then it’s likely that you’ll be able to make a TAC claim.

Psychological injuries

Psychological injuries can be caused by being involved in, or even just witnessing an accident, such as nervous shock. This can cause injuries like anxiety, depression, or PTSD. For more information about these types of claims, see our TAC PTSD payouts guide.

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Who is eligible for a TAC claim if an accident results in a death?

In the horrific case where someone is killed in a transport accident, then any dependents will be eligible to make a TAC claim to receive financial assistance. This includes being able to cover funeral costs, counselling and support treatment, and compensation for the development of psychological injuries caused by trauma.

If you’ve witnessed a transport accident or the immediate aftermath of an accident that has caused a death, you may suffer a psychological injury such as nervous shock. You’ll be able to make a claim to receive financial compensation for medical treatment such as counselling, psychology appointments, and other support.

The most important thing to know is that you can make a claim for statutory benefits even if you were at fault. Statutory benefits exist to help you with the financial burden of recovery like medical costs and time off work, and generally last between six and eighteen months. If you weren’t at fault and your injuries are significant, then you may be eligible for a further lump sum claim through the common law damages scheme.

What is the TAC claim time limit?

You have to lodge your TAC claim for statutory benefits within one year of your accident, but the process will be smoother if you lodge as soon as possible. Statutory benefits can cover your medical costs and time off work.

Common law damages claims for lump sums are usually made once the full extent of injuries is known, which typically takes at least twelve months from the date of your injury. You then have six years from the date of the incident to make a claim. While you can make a statutory benefit claim by yourself, you’ll need a lawyer to assist you with a common law damages claim.

There can be exceptions to these timeframes, like if you were under the age of 18 when the incident happened, or if you had a reasonable excuse not to make a claim. If you’re not sure if you can still make a claim, or you’d like to learn more about your TAC claim eligibility, get in touch with us today for some free advice from one of our lawyers who specialise in TAC claims.

At Law Partners we win over 99% of our claims, and we can help you achieve the best results and make sure you receive everything you may be entitled to.

What TAC compensation am I eligible to claim?

Once you’re confident of your TAC claim eligibility, you need to be aware of what you can claim for. This table offers an overview of what you may be entitled to.  For a more detailed explanation about what you may be able to claim, see our TAC payouts guide.

Medical expenses and supportsPayments to cover allied health and physical therapies, ambulance, hospital, surgery, and a range of other medical expenses
Income supportPayments to cover your loss of earnings while you’re unable to return to work
Common law compensationIf you weren’t at fault, you may be entitled to a lump sum payment for your loss of past and future earnings, and for pain and suffering
Permanent impairment benefitsIf you have a physical or psychological impairment assessed at over 11% then you may be entitled to a permanent impairment lump sum

It’s vital that your injuries and their overall impact on your life are thoroughly assessed, and that’s where our motor vehicle accident lawyers can make a big difference to your claim. Call 13 15 15 for free advice on how to make sure you can receive your full entitlements.

Am I eligible for a lump TAC claim?

If your injuries have been classified as ‘serious’ by the TAC, or if your whole person impairment has been assessed as more than 30%, then it’s likely that you’re eligible to make a lump sum TAC claim, which is known as a common law claim. These claims can be significant, ranging from tens to hundreds of thousands of dollars. They can compensate you for your future economic loss, and your non-economic loss (sometimes known as ‘pain and suffering’). For more information, see our TAC payouts guide.

The biggest mistake that people make is assuming that they’ll automatically receive everything that they’re entitled to, and it’s easy to miss out if your claim isn’t handled properly. Having a specialist TAC lawyer on your side will give you the best chance of claiming everything that you’re entitled to.

How can I get help finding out if I’m eligible for a TAC claim?

The easiest way to find out about your eligibility and potential TAC claim entitlements is to speak to a lawyer. At Law Partners, we’re experts in helping injured Australians receive all the compensation that they’re entitled to. If you’d like to find out how we can help you, or just some free advice about your situation, speak to us today for some free, personalised advice about how to make sure you don’t miss out.

Our client George* was injured in a car accident and had been receiving statutory benefits for 18 months, but they were about to stop, and he hadn’t fully recovered. His whole person assessment was 16%, but Law Partners was able to help him apply for a ‘serious injury certificate’ so that he could make a common law claim. George was awarded a lump sum that he didn’t even realise he was eligible for, which has allowed him to focus completely on recovery.

This guide offers step-by-step instructions about how to find out if you’re eligible to make a TAC claim, but if you’re still unsure, or you’d like some advice about your specific situation then give us a call on 13 15 15. One of our TAC lawyers will review your case and offer you some personal advice, completely free of charge.

*Name has been changed to protect our client’s identity

Lydia Wheatley bio pic

Lydia Wheatley

Managing Solicitor

An accredited specialist in personal injury law and one of the country’s foremost authorities in motor accident compensation claims.

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