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Motor Vehicle Accidents

What is a TAC claim in Victoria?

By LHD Lawyers

If you have been injured on the road in Victoria, a TAC claim can get you the compensation you need to recover medically and financially.
TAC claims are processed through Victoria’s Transport Accident Commission (TAC), which protects all road users – from drivers of private vehicles to passengers on public transport.

Here’s everything you need to know about filing a TAC claim in Victoria.

What does TAC insurance cover in Victoria?

Anyone injured in a common road accident in the state of Victoria is eligible for a TAC claim. This includes:

  • Drivers injured in their own vehicles
  • Anyone injured by an out of control vehicle, tram, or train
  • Persons injured while travelling on public transport
  • Cyclists injured in collisions with parked or moving cars
  • Pedestrians injured on or around a roadway (e.g. while crossing)

You are also free to lodge a TAC claim if you were at fault in the accident, although you cannot make a claim if you have been charged with a driving offence in connection to the accident.

How do I know if I am entitled to make a TAC claim?

The chaotic nature of a road accident can sometimes make it difficult to tell whether or not you are eligible for a claim. When in doubt, consult a TAC claims specialist for legal advice.

It is also much easier to understand your entitlements if you have evidence, so gather as much information as you can immediately after the accident. This includes photos, identification, police reports, and medical certificates.

What can I claim on TAC Insurance in Victoria?

Medical treatment This includes medication, GP appointments, and specialist visits (including psychological treatment).
Income support If you are deemed medically unfit to work due to your injuries, a TAC claim can secure you weekly payments in place of your normal income.
Impairment benefit A lump sum for a permanent injury.

 

How much can I claim from a TAC payout?

The size of a TAC payout will vary depending on the details of the accident, the evidence provided, and insurer policies. LHD Lawyers only seek the maximum amount of compensation for every claim we handle, so call us today to find out what your claim is really worth.

TAC serious injury payout example

Our client sustained neck and shoulder injuries in a 2015 road accident. While approaching an intersection in the middle lane, a vehicle in the left lane pulled in front of them causing a collision. Initially the insurer disputed their claim, however we took the matter to a CARS (Claims Assessment and Resolution Service) hearing, where they were awarded $516,323 – receiving $374,910 after fees.

Does TAC cover loss of income?

If you were employed at the time of your accident and are now rendered unable to work, the TAC can cover lost income or any money you spend hiring someone to replace you. In most cases, you will receive 80% of your normal, taxable income in the form of weekly payments.

Note that TAC income support does not cover income from:

  • Rental properties
  • Dividends
  • Interest

What is the TAC process in Victoria?

All claims are liable to move differently through the legal process once filed, but most claims follow this process:

  1. After the accident: file a police report and have your injuries assessed by a doctor. Keep all documentation to support your claim.
  2. Lodge your claim with the TAC by phone (1300654329). You will be notified within 60 days whether your claim has been successful.
  3. Find out what you’re entitled to. Depending on the accident and your injuries, you may be eligible for income support, impairment benefits, rehabilitation services, and more. A specialist TAC lawyer can help you determine exactly what you are owed.
  4. Review your claim summary once it has been returned by the TAC. Check all details are correct and contact the TAC if you spot any errors.
  5. Return your forms to the TAC. With this information, your healthcare providers can bill the TAC directly for approved treatments, and you can start receiving income support.

Do I need a lawyer to file a TAC claim?

You can make a TAC claim by yourself, but it’s worth remembering that the TAC effectively behaves like any other insurer. They will take active steps to dispute your claim and minimise your compensation.

In these cases, it helps to have a qualified legal professional on your side. Not only can they reduce stress at an already difficult time, but they can also ensure that you aren’t awarded anything less than what you deserve.

Is there a time limit with a TAC claim?

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, but only if there have been reasonable grounds for delay.

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.

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 838 481 to arrange a consultation.

Contact our Victoria CTP claim lawyers in Melbourne, Ballarat, Geelong and Wangaratta for more information.

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