If you are injured in a transport accident in Victoria, you can file a TAC claim with your insurance company.
The Victorian Government owns the TAC, which is a “no-fault” insurance plan. This means that if you are injured in a transport accident in Victoria, you can file a TAC claim to assist pay for the treatment and support you require, even if you were at fault for the accident.
How this works is when Victorian motorists pay their car registration, they also pay a ‘TAC charge,’ which is an insurance premium. This money is used to help persons who have been harmed in relevant accidents.
At Law By Dan, we can help you claim compensation for your injuries, or in the case of the death of someone, we can assist in claiming compensation for dependents of the deceased.
The TAC has been in place for more than 30 years, during which time the Victorian Parliament has revised the Transport Accident Act 1986 several times. In addition, the courts in Victoria have decided a slew of major legal decisions that have influenced how compensation is distributed. TAC is a complicated system. To secure the greatest result, you’ll need a lawyer who is well-versed in the TAC compensation scheme’s complexities.
The majority of law firms who work with TACs do so on a conditional fee basis. The provisions of the Legal Profession Uniform Law govern conditional fee arrangements (Victoria)
Your lawyer should be open and honest about the legal fees you’ll have to pay. It is critical that you understand the fees and the circumstances under which you will be required to pay them.
At the time of the initial interview, lawyers with a lot of experience can usually get a sense of what the fees will be. Lawyers that cite a broad range of costs that you may be forced to pay may lack the experience needed to make a more accurate evaluation. This is something you should be concerned about.
At Law By Dan, our compensation lawyers will advise you of all you need to know about costs and your potential TAC claim. We offer a free, initial, no-obligation consultation.
What is a TAC Accident Claim?
If you or a family member has been injured in a car accident or on public transportation, TAC can help you with lost wages and medical bills.
To be eligible, you don’t have to show that someone else is at fault. This is a very important point to understand.
If a Victorian citizen or a Victorian registered vehicle is involved in a collision with a motor vehicle, tram, or rail in Victoria, or interstate, TAC can help. There must be evidence of injuries and medical care, and the accident must have been reported to the police or the public transportation operator.
We help those who have been injured in car accidents, including drivers, motorcyclists, passengers, pedestrians, and cyclists. We also offer support to family members who have lost a loved one.
If you meet the following criteria, you may file a claim:
- You, or someone you represent, was injured or killed in a car, motorcycle, bus, train, or tram accident caused by the driver of a car, motorcycle, bus, rail, or tram.
- Pedestrians and cyclists who were injured or killed as a result of a car, motorcycle, bus, train, or tram driver are also covered.
TAC Accident Claim Outside Victoria?
If the following conditions are met, a claim can be made:
- In an interstate collision involving a Victorian registered vehicle, a Victorian citizen was hurt or killed, or
- A individual in a Victorian registered vehicle was hurt or killed in an interstate collision.
Even if this does not apply to you, TAC may be obliged to indemnify the driver of a Victorian-registered car for any liability for injury or death resulting from your interstate collision.
A non-Victorian resident who is injured in an interstate accident involving a Victorian registered car may have a claim against the TAC, particularly if the Victorian registered vehicle is at fault. According to the law of the state where the event happened, claims for these accidents are normally restricted to common law damages alone. But at Law By Dan, our team of compensation lawyers can assist you in this regard.
How to File a TAC Accident Claim
Collecting this data is the first step.
- Details about the accident, including the location, circumstances, and injuries
- The registration numbers and identities of the occupants of the vehicles involved.
- Any witnesses to the accident should provide their names and contact information.
- Officer names and station, as well as details of police attendance or date notified to police
Please supply the following information in the event of a public transportation accident:
- The name of the public transportation company
- Name of the individual who reported the accident to the public transportation operator
- Name of the public transportation driver
- Details about the accident, including the car number, location, travel route, date, and time.
- The name of the medical professional you saw for your accident-related injuries.
- If you’ve been out of work for more than five days owing to the accident, include data about your job and income.
- Details of your bank account
TAC Claim Eligibility & Time Limits
You have one year from the date of the injury or the date you first realised you were injured as a result of a transportation accident to file a claim.
If there are reasonable causes for the delay, the TAC may consider a claim lodged outside of this time limit–for up to three years. If you’re unsure if you have reasonable reasons, contact our team right away.
TAC will not examine claims filed after the three-year period unless the person was under the age of 18 at the time of the accident.
However, because the laws governing your eligibility to compensation through a TAC claim are subject to change, it is critical that you contact us for the most up-to-date, experienced guidance.
What Compensation May Apply
Damages under the common law
You may be eligible for compensation for pain, suffering, and/or economic loss if you can show that the transportation accident was caused entirely or largely by someone else’s negligence and resulted in serious damage.
Disputes Compensation may be offered through the Accident Compensation Conciliation Service or the Victorian Civil & Administrative Tribunal for disputes relating to ongoing benefit rights.
Medical and similar costs
The TAC may pay for reasonable expenses incurred as a result of a transport-related injury. Medical care, medication, travel, and services to assist you while you heal are all examples of this.
Loss of earnings
If you have lost your earnings or earning capacity as a result of the injury, you may be eligible for up to 18 months of compensation. Payments may be available in the future.
Lump-sum payment
Under your superannuation policy’s total and/or permanent disability coverage, you may be entitled to a lump-sum payment.
Benefit of Impairment
If you have a permanent physical or psychological ailment as a result of your transportation accident, you may be eligible for a one-time lump sum settlement. If you have an impairment of 11% or more, you will receive a reimbursement.
If you have been injured in an accident, the TAC can cover a variety of benefits, including medical expenses, lost income (earning payments), and possible lump sum claims, such as impairment benefit and even a negligence claim if the other driver(s) were at fault.
Talk to one of our compensation lawyers today and we can give you a free assessment of your TAC claim, in particular, how much you may recover in compensation.
