TAC Payouts Guide – Serious Injury and Common Law Claims.

28 June 2024

Injury and Rehabilitation, Motor Vehicle Accident

If you’re injured in a motor vehicle accident in Victoria you may be able to claim a TAC payout. If your injuries are classified as ‘serious’, you could be entitled to make a common law claim for lump sum damages, and these claims can be significant. The TAC states that the average payout for serious injury claims such as serious traumatic brain and spinal injuries is $2.2M*

However, if you have serious injuries that are not assessed correctly, you could miss out on compensation you’re entitled to. In other words, if you get an incorrect assessment or fail to submit strong evidence to support your TAC claim, you could miss out on a significant lump sum.

Our TAC lawyers have extensive experience with these claims. In this TAC payouts guide we explain in simple terms what benefits and lump sums may be available to you, to give you a better indication of the average TAC payout that applies to your situation. We’ve also included an example of a TAC claim payout and information on how to get help with your claim.

* https://www.tac.vic.gov.au/about-the-tac/our-organisation/what-we-do as of June 2024.

A man pictured from behind from the shoulders up, holding a phone to his ear.

Average TAC Payout – what you need to know.

The average TAC payout is just under $36k*. To get a better understanding of the TAC payout that applies to your situation, here are the three main injury categories – you can click on the links if you want to jump straight to the relevant sections of this article.

Note: WPI stands for whole person impairment – a scale used to measure the severity of your injuries.

I have a minor car accident injury, and my WPI is less than 11%.

These are relatively minor injuries such as whiplash, where you’re expected to recover relatively quickly. Learn what you can claim in the next section of this article.

I have a car accident injury and my WPI is 11% or more.

In this category, there’s an additional lump sum impairment benefit you can claim – this is covered in this section of the article.

I have a serious injury and I want to make a common law claim.

If you have a serious injury and you can prove someone else was at fault, you can make a common law lump sum claim. These claims can be substantial, so your injuries must be assessed correctly to ensure you receive the full TAC payout you’re entitled to. You also need to make sure you have the right TAC lawyer on your side for these claims. Learn more in this section of the article.

*As of June 2024

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TAC payouts for minor injuries (less than 11% WPI).

The average TAC payout for minor injuries is likely to be less than the overall average, with many claims falling into the $5k to $30k range.

Some examples of injuries that typically fall into this category include:

A broken leg that fully heals after treatment
Whiplash
A muscle strain that gets better

Regardless of whether you were at fault, you’re eligible for weekly benefits that will cover:

Your medical treatment
Services to help you while you recover
Replacement or repair of broken medical devices – e.g. glasses or hearing aids
Income support if you’re unable to return to work
Return to work support for you and your employer

TAC payouts for injuries with 11% or more WPI.

If you have a permanent physical or psychological injury assessed at 11% or more WPI, you can claim an additional impairment benefit on top of your weekly benefits. This is a lump sum amount that ranges from $9,010 to $411,470* depending on the severity of your injuries. So the average TAC payout for these claims is more than the overall average.

Some examples of injuries that typically fall into this category include:

A brain injury
A fused joint
A spinal cord injury
Restricted shoulder movement
A psychological condition that’s permanent

*As of June 2024

TAC payouts for serious injuries.

Average payouts for serious injuries are significantly higher than the overall average of $36k. For example, the average TAC payout for a serious injury such as a traumatic brain or spinal injury is $2.25 million*.

If you have a serious injury and someone else was at fault in your accident, you may be able to make a common law compensation claim for a lump sum. Read on to learn more about common law claims.

* https://www.tac.vic.gov.au/about-the-tac/our-organisation/what-we-do June 2024.

How do I know if I have a serious injury?

The TAC defines a serious injury as a single significant motor accident injury or a combination of injuries that contribute to an impairment of 30% or more. The assessment considers both your injuries and the overall impact of the accident on your life.

TAC common law claims.

To make any common law lump sum claim, you’ll need to either:

Have your level of impairment assessed as 30% or more; or
Obtain a Serious Injury Certificate (SIC) from the TAC

If the TAC doesn’t grant you with a SIC then you can apply to the County Court for permission to bring a common law claim anyway. If you’ve suffered a serious injury due to someone else’s negligence then you can claim a lump sum immediately.

There are two lump sums you can claim:

Pain and suffering
Pecuniary losses (including loss of past / future earnings)

How much can I claim for pain and suffering?

Pain and suffering claims provide a lump sum for the emotional impact of your injuries. These TAC lump sum payouts can be substantial, ranging from tens to hundreds of thousands of dollars.

Pain and suffering lump sums are decided based on how your injuries and the impact on your life compare to the ‘most extreme case’ (MEC), and you’ll be awarded a percentage of the maximum amount payable, which is indexed annually. The current maximum is $639,200*.

*As of June 2024

How much can I claim for my past and future losses?

The second TAC common law claim you can make is for pecuniary losses, to compensate you for any economic loss that your injury causes. This might be because you can’t return to work the way you used to, ongoing medical costs, or expenses that you’ve already paid for related to your injuries. So the amount you can claim is based on the costs you’ve incurred, your age, your pre-injury earnings, and other factors.

The TAC provides this table to give you a brief overview of what you may be able to claim:

Common Law	Amount*
Threshold (minimum amount)	$63,880
Maximum Pecuniary Loss (loss of past and/or future earnings)	$1,438,310
Maximum Pain and Suffering	$639,200

*As of June 2024

If you’d like to find out what you may be entitled to, you can call 13 15 15 and get free legal advice from one of our specialist TAC lawyers. Law Partners has specialist car accident lawyers based in Melbourne ready to help.

Call 13 15 15 or chat to us now for free advice

Chat now

Find out how much you can claim.

Get started

How do I prove I wasn’t at fault?

You need to prove that another driver was ‘mostly’ at fault for the accident to qualify for a common law claim. So if it’s not entirely clear who was at fault, you’ll need strong evidence to support your claim.

Having one of our specialist TAC claim lawyers on your side will give you the best chance of success, as your legal team will compile and submit all the evidence needed to support your claim. Call 13 15 15 to speak to one of our Melbourne car accident lawyers and get free legal advice on your claim.

TAC claim example – Grace’s $230K TAC payout.

Grace was a passenger in her friend’s car on their way to a soccer game when they were t-boned at an intersection. The driver who hit them had been looking at his phone and hadn’t noticed the oncoming car. While Grace’s friend was luckily uninjured, the other car hit the passenger door, which crumpled, and crushed Grace’s left arm.

Grace is left-handed, and the injury damaged her elbow and shoulder, making it difficult to write, pick up her toddler, or even carry things at the grocery store. She was initially assessed as only having 6% whole person impairment (WPI) which was far from the 30% required to receive a lump sum (common law claim) payout, so she didn’t think she was eligible. She also lives in Brisbane, so she wasn’t sure if she could make a claim with the TAC.

“Speaking to a lawyer was the best decision I ever made,” she says. “Law Partners just made the whole process so easy, I don’t think anyone could have gotten me a better result.” Despite the initial assessment of her injuries being only 6% impairment, we successfully disputed the TAC’s decision to get the injury classified as ‘serious’. This meant that she was able to go on to claim for pain and suffering, and her economic losses while she couldn’t work, as well as having her treatment costs covered. Grace’s final settlement amounted to $230,000.

If you think your injuries have been incorrectly assessed, call 13 15 15 and get free advice from one of our specialist TAC lawyers.

What’s the role of the TAC when you make a common law claim?

Everything to do with processing your claim is handled by the TAC, including investigating your circumstances, issuing Serious Injury Certificates (SICs), and approving or denying your claim. But they won’t help you maximise your claim. They’ll assess your case using lawyers, medico-legal specialists, and other experts.

This is why you need a strong legal team on your side – to build strong evidence and manage your claim for you, to ensure you receive your full entitlements.

How long does a common law damages claim settlement take?

The average settlement period is 12 months. Everything will be reviewed thoroughly to determine the final details of what you’ll be awarded. In a straightforward case, this can take as little as six months from when you first lodge your claim, but it can stretch to two or more years in more complicated cases.

Getting help with your TAC claim.

TAC payouts for serious injury and common law claims can be significant and provide you with the essential support you need to recover from your motor vehicle accident injury. So it’s important that your claim isn’t simply ‘processed’ – it needs to be thoroughly prepared by a specialist TAC lawyer to make sure you don’t miss out on essential compensation.

Our team of TAC lawyers is here to help with free legal advice, and if you choose Law Partners to manage your claim, we’ll work for you on a no win no fee basis. Law Partners has specialist lawyers based in Melbourne ready to help. We win over 99% of our cases.

Lydia Wheatley

Practice Group Leader

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.