Eligibility for TAC Compensation

To be eligible for compensation under the Transport Accident Act, you must have been: injured in an accident (either physically or mentally) which was a direct result of a car, motorcycle, bus, tram or train. Pedestrians and cyclists injured in road accidents are also covered by the Act.

The TAC has a ‘no fault’ scheme, meaning that you can still be eligible for compensation even if you caused the accident.

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Requirements

The TAC will only accept a claim for compensation if you can prove that:

  • the accident occurred;
  • the accident has been reported to the police;
  • the person who was injured or died was involved in the accident; and
  • the injury or death was the result of the accident or a pre-existing injury was made worse by the accident.

Evidence may be in the form of witness statements, photographs, police reports or medical reports, for example.

Work-related Road Accidents

Unless the accident is covered under a different scheme (such as Comcare), the TAC will pay compensation for accidents that occur:

  • to and from your place of employment
  • between different place of employment
  • to and from employment training locations, which you are expected to attend
  • to and from appointments for the purposes of Workcover, such as to obtain medical certificates
  • between jobs, for those that are self-employed

The Victorian Workcover Authority will often manage claims where the accident occurred ‘during the course of work’. For example, if a train driver is injured in an accident during the course of employment, they would apply for compensation through the Victorian Workcover Authority. It is important to note however, if a person’s claim is rejected by WorkSafe, they should make an application to the TAC.

Interstate Accidents

Provided you are a resident of Victoria and were driving (or were a passenger of) a Victorian registered vehicle, you may still be eligible if the accident occurred in another state or territory.

Non-Victorian Residents

If you are from interstate and were injured in a transport accident within Victoria, you should be eligible for compensation, even if the vehicle is not registered in Victoria.

The TAC will also pay compensation to a non-Victorian resident if the accident occurred interstate but the vehicle was registered in Victoria.

Restrictions

There are certain situations involving vehicles where the TAC will limit compensation such as:

  • Motor Sports Accidents – this includes drivers, spectators, officials, organizers and assistants at organized races.
  • Accidents that occur in an unregistered vehicle on private land
  • Accidents that occur in an uninsured vehicle on private land
  • Accidents that occur as a result of a person committing an offence. With the exception of medical and like expenses, where a person is convicted of culpable driving (or an interstate equivalent), the TAC will not pay compensation
  • If the driver did not hold a licence or if their licence had been suspended at the time of the accident

Why Do I Need a Lawyer?

Unfortunately, the TAC will often not automatically offer payment for every benefit applicable to an injured party. This can often result in a person missing out on compensation entitlements simply because they were not made aware of them. An experienced lawyer will:

  • assist you in pursuing your claim so that you are paid the maximum amount of compensation to which you are entitled;
  • discuss your options with you if your claim has been rejected and, where applicable, lodge a VCAT application to challenge the TAC’s decision; and
  • provide guidance and representation if you wish to make a common law claim for damages.

Grant & Co Lawyers have extensive experience in TAC claims and will offer sound advice and guidance based on your needs and personal circumstances.

We offer a No Win – No Fee arrangement meaning we do not charge professional fees if the case is unsuccessful, however there may be disbursements (out of pocket expenses) involved. The TAC claims process can be complex and stressful. To avoid having your claim rejected and to ensure you receive the compensation you deserve, you should speak to one of our lawyers today on 1300 057 056.

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