Road Accidents/TAC Claims FAQs

In our experience, the TAC often do not pay your maximum entitlement to income benefits, medical expenses and lump sums. In order to claim damages for pain and suffering and lost wages, you will need a TAC lawyer to represent you.

We are part of the TAC Protocols which helps to streamline the claims process and ensure a timely and fair outcome. This is important as sometimes TAC proactively grant Serious Injury Certificates to clients who are as yet unrepresented and tell them to find a lawyer who is part of the Protocols.

If the TAC refuses or ceases to pay you compensation, a review must be sought within 12 months. An application can be lodged with the Victorian Civil and Administrative Tribunal (VCAT). You should seek legal advice from us concerning referring the matter to VCAT. Arnold Thomas & Becker act assertively when it comes to protecting your rights.

If you are involved in a transport accident while working, you will be entitled to compensation under the WorkCover system. However, you may also have common law rights to further compensation under the Transport Accident scheme. You should contact us for advice as to how this works. However, if you are injured on your way to or from work, your injury will usually be covered with the TAC.

The Transport Accident Act 1985 requires Independent Impairment Assessors to apply the American Medical Association Guides to the Evaluation of Permanent Impairment, 4th Edition when assessing level of permanent impairment of a transport accident victim. A Whole Person Impairment percentage is calculated and then used to determine the amount of lump sum compensation payable to the injured claimant.

Even if you were at fault in a transport accident, you will still have potential entitlements to the ‘no-fault’ benefits which can include weekly compensation for lost earnings, reimbursement of medical expenses and a lump sum amount of compensation for permanent impairment. You should seek legal advice from us concerning these entitlements and so that we might take your further instructions regarding the circumstances of the accident and whether a common law claim to sue another party might be possible.

TAC claims cover those who were injured or killed as a result of a motorised vehicle accident including; 

  • Drivers and passengers of a car, ute, van, truck, motorcycle or scooter
  • Cyclists injured riding on the road, dedicated bicycle path or shared pathway
  • Public transport passengers riding a train, bus or tram
  • Workers injured while operating a registered vehicle
  • Pedestrians

Arnold Thomas & Becker’s road accident lawyers have helped thousands of people injured on Victorian roads. If you have been injured by a motorised vehicle we will help you maximise your compensation entitlements.

Usually, there are six years in which a client needs to make a claim. However, in some circumstances, we may be able to apply for a time limit extension.

It is important to note that there is a time limit for lodging an initial claim with TAC after an accident. Without an accepted claim we cannot pursue common law or impairment etc. Claims must ordinarily be lodged within 12 months of a transport accident. However, claims can be considered up to three years post-accident where reasons for late lodgement are provided. TAC will not accept claims lodged more than 3 years after the date of accident. Then there is 6 years from the date of accident within which to pursue common law compensation.

Our car accident claim lawyers offer a no win no fee payment option. You only pay our legal fees on a successful outcome of your case. Unlike other firms, we will not pass on disbursement costs and do not require litigation funding.

Yes. We see many pedestrians struck by vehicles such as cars or motorbikes at zebra crossings where vehicles fail to give way, don’t stop at red lights or are simply driving recklessly.

Yes. A widowed spouse or dependant can make a claim for loss of life. Find out more about your entitlements.

Road accidents produce an array of injuries both physical and mental. Common injuries clients can claim for are; 

  • Whiplash 
  • Brain damage 
  • Broken bones and teeth 
  • Scaring 
  • Spinal damage 
  • Loss of limbs 
  • Permanent disability 
  • Psychological trauma

Yes, you can. You can pursue further claims for lump sum including impairment claims or common law claims.

All TAC compensation cases will vary in length. If the nature of an injury is complex, your case may take longer. Your road accident lawyer will be able to advise you of the timeframes throughout the process.

Yes, it has recently been included as a transport accident. TAC will now indemnify a vehicle owner, driver or passenger who cause an injury from dooring.