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Traffic Accident Claims: Claiming Compensation for Car Accidents in Victoria

Rita Furfaro

Written by:

Rita Furfaro

Being involved in a traffic accident can be a traumatic experience, often leading to physical injuries, emotional distress, and financial hardship. If you’ve been injured in a car accident in Victoria, you may be entitled to claim compensation through the Transport Accident Commission (TAC).

This comprehensive guide will walk you through the process of claiming car accident compensation, outlining who can claim, the types of benefits available, and how to navigate the injury claims process effectively.

Traffic accident claims and the TAC

In Victoria, the Transport Accident Commission (TAC) is responsible for managing the state’s transport accident scheme. The TAC’s primary role is to provide support and compensation to individuals injured in transport accidents, regardless of fault.

The Transport Accident Act 1986 outlines the scope of benefits that the TAC can offer. Understanding these parameters is crucial for anyone considering making a claim.

The TAC can pay for:

  • Medical treatment
  • Services to aid recovery
  • Replacement or repair of damaged glasses or dentures
  • Lost income for those unable to work due to accident injuries
  • Return to work support for both the injured party and their employer
  • Lump sum payments for eligible compensation claims
  • The application fee for obtaining a Medical Treatment Visa if required due to transport accident injuries.
 

However, the TAC does not cover:

  • Damage to vehicles (cars, motorbikes, scooters, bicycles, etc.), including towing or storage costs
  • Damage to non-medical personal items, including clothes or mobile phones.

Who can file a TAC claim?

The TAC scheme covers a wide range of individuals affected by transport accidents in Victoria.

You may be eligible to file a TAC claim if you’re a:

  • driver, passenger, or pedestrian injured in an accident involving a car, truck, bus, or tram.
  • cyclist injured in a collision with a motor vehicle.
  • close family member of someone killed in a transport accident.

People from other states can also file claims if:

  • they were injured or died in an accident involving a car registered in Victoria.
  • they were driving or riding in a car registered in Victoria when the accident happened.

It’s important to note that even if you were partially or fully at fault for the accident, you may still be eligible for certain benefits under the TAC scheme.

 

Find out how much you can claim today.

What types of compensation can you claim through the TAC?

The TAC offers different types of compensation and support depending on the nature and severity of your injuries.

This may include:

1. Medical and allied health services

In the first 90 days after your accident, the TAC can cover certain treatments and services without needing prior approval, as long as they are recommended by your doctor or health professional and relate to your accident injuries. 

These services may include:

  • General practitioner and public hospital services
  • Ambulance services
  • Pharmacy items
  • Psychological services
  • Dental treatment
  • Chiropractic and osteopathy services
  • Physiotherapy and exercise physiology
  • Occupational therapy
  • Speech therapy
  • Optometry
  • Podiatry
  • Nursing services.
 

After the initial 90 days, or for treatments and services not listed above, you or your providers will need to obtain TAC approval.

2. Income support

If you’re unable to work due to your injuries, you may be eligible for income replacement payments for up to 18 months. This benefit is designed to help you while you recover and work towards returning to employment.

3. Loss of Earning Capacity (LOEC)

The TAC can pay a LOEC benefit after 18 months if your injury prevents you from working. This benefit continues if your impairment remains over 50%. LOEC is calculated based on the difference between your pre-accident and post-accident earning capacity. Factors like injury severity, rehabilitation potential, skills, ages, and available jobs are considered in determining LOEC.

4. Impairment benefits

You may receive a one-off lump sum payment if your transport accident caused a permanent physical or psychological condition. This payment is for impairments assessed at 11% or more and is in addition to other benefits. Children under 18 may also qualify for a lump sum payment or a weekly benefit called “Minors Additional Benefit”.

5. Safety Net Income Benefits (SNIB)

This SNIB is available for clients with severe injuries—with an impairment score of 50% or more—who return to work but then are unable to continue working. It is for those who would qualify for LOEC payments, but can no longer sustain their employment as they have been either terminated from their job or unable to sustain self-employment. Eligibility for SNIB is reassessed every five years.

6. Dependency benefits

If you’re the dependent spouse or child of someone who has died as a result of a transport accident, you can claim financial support. Support may include funeral expenses up to $18,860, travel and accommodation costs for attending services, and family counselling up to $20,020.

For those who lost a contributing spouse or partner, TAC offers lump sum payments of up to $224,370 and ongoing benefits. Childcare and household support are also available, and dependent children may receive lump sum payments, fortnightly payments, and educational allowances.

7. Home and vehicle modifications

If your injuries impact your ability to drive or use your vehicle, TAC can assist with modifications to help you get in and out of your vehicle, drive, and transport mobility aids. Additionally, TAC can sometimes contribute towards the cost of purchasing a vehicle in Australia to support your needs. They do this to help support greater independence and mobility.

8. Common law damages

In cases of serious accident injury, you may be eligible to pursue additional compensation through a common law claim. However, to qualify for common law compensation, another party must be at fault (or partially at fault) for the accident, and your injuries must meet the legal criteria for a ‘serious injury.’

A qualified personal injury lawyer can help you determine if you’re eligible for a common law claim.

 
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8-step guide to filing traffic accident claims in Victoria

When you’ve been injured in a transport accident, navigating the claims process can be daunting. At GMP Law, we’re here to guide you through each step, ensuring you have the support and information you need during this challenging time.

 

Here’s a comprehensive overview of the TAC claim process in Victoria.

Step 1: Gather essential information

In the aftermath of an accident, it’s important to collect as much information as possible.

 

This includes:

  • Accident details: Location, circumstances, and information about other involved parties and vehicles.
  • Witness information: Contact details of anyone who saw the accident.
  • Police report number: Obtained when reporting the accident (but, not required for public transport incidents).
  • For public transport accidents: If applicable, along with the date you reported the accident to the operator.
 

Step 2: Document your injuries

Proper documentation of your injuries is vital for your claim.

 

Collect at least one of the following:

  • Hospital discharge summary listing your accident injuries
  • Signed Certificate of Capacity stating your injuries
  • Letter from your doctor or allied health professional listing your injuries.

Remember, vague descriptions like “unfit for work” or “medical condition” aren’t sufficient. Clear, detailed documentation of your accident-related injuries is essential to avoid delays in your claim.

Step 3: Prepare financial information

If your injuries have resulted in more than five days off work, gather:

  • Employment and income details
  • Your bank account information for potential benefit payments.
 

Step 4: Lodge your TAC claim

With all the necessary information in hand, you can lodge your claim through one of these methods:

  • Online: Use the TAC’s online lodgement form for quick and convenient submission.
  • Phone: Call the TAC on 1300 654 329.
  • Hospital assistance: If you’re hospitalised, some facilities can lodge a claim on your behalf. To do so, consult with a Patient Liaison Officer for this option.
 

Important considerations:

  • Time limit: Generally, you have 12 months from the accident date or when an injury becomes apparent to lodge your claim. However, exceptions may apply in certain circumstances.
  • Police report: If police didn’t attend the scene, you must report the incident to them before lodging your claim.
  • Public transport accidents: Report these to the relevant operator (e.g. Yarra Trams or Metro Trains) before claiming.
 

Step 5: Claim assessment

Once your claim is lodged, the TAC will assess it based on the provided information. They may request additional details or medical examinations if needed.

Step 6: Claim decision

The TAC will inform you of their decision. If accepted, they’ll outline the benefits you’re eligible for, which may include medical treatment coverage, income support, and other services.

Step 7: Ongoing management

For accepted claims, the TAC will work with you and your healthcare providers to manage your treatment and recovery. This may involve:

  • Approving and covering medical treatments and support services
  • Providing income support if you’re unable to work
  • Assisting you with your return to work when appropriate.
 

Step 8: Additional compensation considerations

Depending on the severity of your injuries and their long-term impact, you may be eligible for:

  • Loss of earning capacity benefits (after 18 months)
  • Safety net income benefits (for severe injuries with high impairment scores)
  • Impairment benefits (for permanent impairment greater than 10%)
  • Common law damages (for serious injuries).
 

Find out how much you can claim today.

How much compensation can I get?

The amount of compensation you receive through a TAC claim varies widely.

A few factors can affect your claim, including:

  1. The severity and permanence of your injuries
  2. Your pre-accident income
  3. Your ongoing medical and rehabilitation needs
  4. The impact of the injuries on your quality of life and ability to work.
 

Average payouts by type of compensation

The following table shows the average payouts for different types of compensation for TAC traffic accident claims.

Medical expenses

The TAC covers reasonable medical expenses related to your injuries. There’s no set limit, but treatments must be sensible and necessary.

Loss of earnings capacity

For the first 18 months post-accident: Up to 80% of your pre-accident earnings, capped at $1,620 per week (as of FY2024/2025).

 

After 18 months: About 80% of your pre-accident earnings, capped at $1,260 per week.

Impairment benefit

For permanent injuries, compensation ranges from $9,350 for an 11% impairment to $427,160 for a 100% impairment (as of FY2024/2025).

Common law damages

For serious injuries, you may be eligible to sue for additional compensation. Damages can exceed $1 million in severe cases but are capped at:

  • $66,320 for threshold injuries
  • $1,493,170 for maximum economic loss
  • $663,580 for maximum pain and suffering.

It’s important to note that these figures are subject to change and should be verified with the TAC or a personal injury lawyer. Each case is unique, and actual compensation can vary significantly based on individual circumstances.

Find out how much you can claim today.

FAQs

Yes, there are time limits for filing TAC claims:

  • You should report the accident to the police within 28 days.
  • You should lodge your TAC claim within 12 months of the accident.
  • For impairment benefits, you generally have 6 years from the date of injury to make a claim.
  • For common law claims, you typically have 6 years from the date of injury, but this can be extended in certain circumstances.

Victoria’s TAC scheme is a no-fault system, meaning you can receive benefits regardless of who was at fault for the accident. However, fault can play a role in certain aspects of your claim, particularly for common law damages.

  1. Ensure your safety and call emergency services if needed.
  2. Exchange information with all parties involved.
  3. Document the scene if possible.
  4. Seek medical attention, even for minor injuries.
  5. Report the accident to the police within 28 days.
  6. Contact the TAC to lodge your claim as soon as possible,
  7. Keep all records related to the accident and your treatment.

Consider engaging a solicitor if:

  1. Your injuries are severe or likely to have long-term impacts
  2. You’re unsure about your rights or the benefits you’re entitled to
  3. Your claim has been rejected or you’re unhappy with the TAC’s decision
  4. You’re considering a common law claim for serious injury
  5. The TAC is disputing aspects of your claim or proposing an unsatisfactory settlement.

How GMP Law can help your claim

When you reach out to GMP Law about your claim, we will promptly begin assessing the evidence and explaining your options. Our initial consultation is free of charge and without obligation. If we determine you have a viable case for compensation, we will proceed with your claim on a no-win no-fee basis.

We assist with all aspects of your claim, including common law claims for motor vehicle accidents through TAC. Our team provides ongoing support throughout the process, including handling appeals if necessary. We also help gather and present robust medical evidence to strengthen your case.

For detailed guidance on starting a claim, consult our comprehensive guide to motor vehicle compensation claims.

Rita Furfaro

Author

Rita Furfaro

Partner

Special Counsel Rita Furfaro is a NSW-accredited specialist in personal injury law, with a particular focus on Motor Vehicle Accident (MVA) claims. Rita's expertise as a skilled litigator, combined with her empathy for clients' unique situations, enables her to deliver exceptional results.

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