Motor Vehicle Accidents
Car Accidents Victoria: How to Make a TAC Claim
If you find yourself in the unfortunate situation of being involved in a car accident in Victoria, understanding the process of filing a TAC claim is essential.
A TAC claim, which stands for Transport Accident Commission claim, is the mechanism through which individuals injured in car accidents in Victoria can seek compensation to aid in their medical and financial recovery.
This comprehensive guide is designed to provide you with a complete overview of the TAC claim process in Victoria, ensuring you have the information you need when navigating car accidents in Victoria and the associated TAC claims.
What should you do after a car accident in Victoria?
Experiencing a car accident in Victoria can be a stressful and disorienting situation. It’s essential to know what steps to take immediately following the incident to ensure your safety, follow legal requirements, and protect your rights. Here’s a comprehensive guide on what you should do after a car accident in Victoria:
1. Ensure Safety:
- Check for Injuries: First and foremost, check yourself and others involved in the accident for injuries. If anyone is injured, call 000 (emergency services) immediately.
- Move to Safety: If possible and if the vehicles are obstructing traffic, move them to the side of the road to prevent further accidents.
2. Exchange Information:
- Exchange Details: Exchange contact information, including names, phone numbers, addresses, and insurance details with the other party/parties involved in the accident.
- Witness Information: If there are witnesses, collect their contact information as well. Witnesses can be crucial when filing insurance claims.
3. Report to Police:
- Victoria Police: In Victoria, it is a legal requirement to report a car accident to the police if anyone is injured or if the total damage to all vehicles involved exceeds $3,000. You can report the accident to the local police station or, in some cases, online through the Victoria Police website.
4. Document the Scene:
- Take Photos: Use your smartphone or camera to take pictures of the accident scene, including vehicle damage, road conditions, and any relevant road signs or signals.
- Record Details: Note down the time, date, and location of the accident, as well as any contributing factors like weather conditions or road hazards.
5. Seek Medical Attention:
- Medical Evaluation: Even if you don’t initially feel injured, it’s advisable to seek medical attention promptly. Some injuries may not be immediately apparent.
6. Notify Your Insurer:
- Contact Your Insurance Company: Report the accident to your insurance provider as soon as possible. Provide them with all the necessary information and follow their instructions for filing a claim.
7. Contact Transport Accident Commission (TAC):
- TAC Claims: If you are eligible for TAC benefits, contact the Transport Accident Commission to initiate the claims process.
8. Consult Legal Advice:
- Legal Counsel: If the accident involved complex circumstances, disputes, or injuries, contact LHD Lawyers who specialise in motor vehicle accidents for guidance.
How do I report a motor vehicle accident in Victoria?
- Visit a Police Station: If the accident meets the reporting criteria, visit the nearest police station in person to make a report. You will need to provide all relevant information about the accident.
- Online Reporting: In some cases, you may also have the option to report the accident online through the Victoria Police website. Ensure that you follow the specific instructions provided on the website for online reporting.
How long after a motor vehicle accident can you claim in Victoria?
You must make your TAC claim within 12 months of the accident, or 12 months of the injury first appearing. Claims can still be accepted after 12 months at the discretion of the TAC for a further 2 years, but only if there have been reasonable grounds for delay.
What is a TAC claim in Victoria?
A TAC claim is a vital avenue for individuals who have sustained injuries on the road to seek compensation necessary for their medical recovery and financial well-being.
Processed through Victoria’s Transport Accident Commission, these claims aim to support all road users, encompassing pedestrians, drivers of private vehicles and passengers on public transport.
To gain a comprehensive understanding of these types of claims, refer to the official TAC website for more information.
Is TAC the same as WorkCover?
TAC and WorkCover are not the same. TAC focuses on compensating individuals injured in transport accidents on Victorian roads, while WorkCover is responsible for workplace health and safety and provides support to workers injured on the job. The two organisations have different mandates, coverage areas, and funding mechanisms.
What does TAC cover in Victoria?
When it comes to TAC in Victoria, it’s essential to understand the scope of coverage it offers. Here’s a table outlining what TAC compensation typically covers in Victoria:
|Type of coverage||What’s covered|
Please note that the specific coverage and eligibility criteria may vary depending on the circumstances of the accident and the severity of the injuries. It’s advisable to contact the Transport Accident Commission for detailed information regarding your individual case and the benefits you may be entitled to under TAC insurance in Victoria.
Can you claim compensation if it was your fault?
Yes, you can typically claim compensation even if you were at fault for a car accident in most cases. In Victoria, the insurance system is designed to provide coverage for both at-fault and not-at-fault drivers, passengers, and pedestrians involved in accidents. Here’s how it works:
- Comprehensive Insurance: If you have comprehensive car insurance, it typically covers the cost of repairing or replacing your own vehicle, regardless of who was at fault for the accident. This type of insurance also often covers other forms of property damage, such as damage to fences, buildings, or other vehicles
- Medical Expenses: TAC can provide compensation for medical expenses, income support, and other benefits to assist with your recovery.
In summary, you can typically claim insurance in Victoria even if you were at fault for a car accident. The specific coverage and processes may vary depending on your insurance policy and the circumstances of the accident, so it’s crucial to communicate with your insurance company to understand the details of your coverage.
Who can make a TAC claim in Victoria?
Anyone injured in a road accident in the state of Victoria may be eligible to make a TAC claim. This includes, but is not limited to:
- Drivers Injured in Their Own Vehicles
- Victims of Out-of-Control Vehicles
- Passengers Injured on Public Transport
- Cyclists Involved in Collisions
- Pedestrians Injured on or Near Roadways
What is the TAC process in Victoria?
The TAC process in Victoria is a systematic journey that accident victims must navigate to seek compensation and support for their injuries. Here’s an overview of the key steps in the TAC process:
- After the Accident: In the aftermath of a road accident in Victoria, it’s crucial to take specific actions. This includes filing a police report and promptly seeking medical attention to have your injuries assessed by a doctor. Keeping all related documentation is essential as it will support your TAC claim.
- Lodge Your Claim with the TAC: To initiate the TAC process, you need to lodge your claim with the Transport Accident Commission. You can do this by phone at 1300 654 329 or online. After filing your claim, you can expect to receive notification within 21 days regarding the status of your claim.
- Determine Your Entitlements: Depending on the nature of the accident and the extent of your injuries, you may be entitled to various benefits, including medical expenses/rehabilitation services income support and lump sum compensation. It’s crucial to ascertain your entitlements accurately. Consulting with a specialist TAC lawyer can help you determine what you are owed.
- Review Your Claim Summary: Once the TAC processes your claim, they will provide you with a claim summary. It’s essential to thoroughly review this document to ensure all details are accurate. If you identify any errors or discrepancies, contact the TAC promptly to rectify them.
- Submit Necessary Forms: Completing and returning the required forms to the TAC is the next step. This allows your healthcare providers to bill the TAC directly for approved treatments and services. It also initiates the process for you to start receiving income support and other benefits.
For further information on how to lodge a TAC claim, please refer to the official TAC website.
Do you need a lawyer for your TAC claim?
When it comes to filing a TAC claim after a car accident, you do have the option to go it alone. However, considering the specific dynamics of TAC claims in Victoria, involving a legal professional can be a strategic decision that enhances your chances of success and maximises your entitlements.
Legal professionals well-versed in these types of claims understand the intricacies of the system, can maximise your potential compensation, reduce stress during a challenging time, and ensure you receive fair treatment throughout the claims process.
LHD’s motor vehicle accident lawyers, specialising in TAC claims, simplify the process for you, offering strong representation and increasing your chances of a favourable outcome.
How much can I claim from a TAC payout?
The amount you can claim from a TAC payout in Victoria is subject to several factors, including the specifics of the accident, the evidence presented in particular, your age and consequences from your injuries in your day to day life.
At LHD Lawyers, we are committed to securing the maximum compensation for every TAC claim we handle. To determine the true value of your claim, contact us today for a comprehensive assessment. We’ll work diligently to ensure you receive the compensation you rightfully deserve for your car accident.
Does TAC cover loss of income?
Yes, the Transport Accident Commission does provide coverage for loss of income through Loss of Earnings (LOE) benefits. These benefits are available to eligible clients who qualify as earners and experience a reduction in earnings due to injuries resulting directly from or significantly contributing to a transport accident.
LOE/LOEC benefits are payable to clients while they continue to have a loss of earnings due to accident-related injuries, subject to specific time limits. These fortnightly payments are made for the first 36 months following the accident while the client is unable to work due to their transport accident injuries.
The amount is calculated based on the client’s ‘pre-accident weekly earnings’ (PAWE)/’pre-accident earning capacity’ and can be total or partial, depending on the extent of the loss attributed to the accident. It is important that a medical certificate is obtained from your treating doctor to support any claim of incapacity.
Does the TAC operate outside of Victoria?
Victorians are eligible for TAC claims if they are injured in an interstate accident involving a Victorian vehicle. Non-Victorian drivers can also claim if they are injured in an out-of-state accident while driving or riding in a Victorian registered vehicle.
TAC claims can not be made for interstate accidents in which no Victorian vehicle was involved.
TAC serious injury payout example
Our client in VIC received extensive injuries to their upper body after being rear ended by a minivan while stationary at a roundabout in 2016. The impact of the collision caused their vehicle to spin out into the centre of the roundabout. Initially, the TAC offered only $300,000 in compensation. Knowing this was insufficient, LHD negotiated a settlement of $329,333 for the client after legal fees.
Explore more recent wins and car accident compensation payout case studies.
Make a TAC claim in Victoria today
LHD Lawyers help everyday Australians receive the benefits they are entitled to for TAC claims in Victoria. We are so sure of our abilities to win your case that we stand firmly by our No Win No Fee Policy. 1800 455 725 1800 592 404 to arrange a consultation.
Author: Steve Notarianni