Motor Vehicle Accident Claims

If you’ve suffered injury due to the use or operation of a motor vehicle, you may be entitled to a range of benefits and compensation from the Transport Accident Commission (TAC).

What do I do if I have suffered an injury in a motor vehicle accident?

If you have suffered physical or psychological injures due to a transport accident, it is important that you lodge a claim with the TAC within 12 months of the date of the transport accident. In some circumstances, the TAC may accept claims that are lodged up to 3 years following the transport accident if there is a reasonable explanation provided for the delay.

Call our office today on (03) 8658-0040 to organise your free initial consultation.

What if I disagree with a decision made by the TAC?

If you disagree with a decision made by the TAC, you have 12 months from the date of the decision to lodge a dispute application.

If the matter cannot be resolved with the TAC then you have 3 months from the date of the TAC dispute application determination to lodge an Application for Review at the Victorian Civil and Administrative Tribunal (VCAT).

It is important to seek legal advice to assist with the process of disputing a decision from the TAC – contact our office today.

What benefits might I be entitled to from the TAC?

If you’ve suffered injury due to a transport accident, then TAC may provide a range of benefits including medical and related expenses, loss of income payments, and lump sum compensation.

Medical and related expenses

The TAC will pay for all reasonable medical and related expenses which are necessary to help you recover from your accident related injuries. These benefits continue as long as you need treatment for your accident related injuries and do not stop if you receive compensation.

Examples of medical benefits you may have access to:

  • Ambulance, nursing and hospital services and care
  • General practitioner and specialist medical consultation
  • Medicines and pain management
  • Rehabilitation services including physiotherapy, occupational therapy, driving programs, exercise physiology and other services;
  • Memberships including gym and hydrotherapy
  • Home and community support assistance including child care services, home cleaning and garden maintenance
  • Treatment and support for severely injured individuals or individuals with disability including vehicle and home modifications

Invoices and receipts should be provided to the TAC within 2 years of the service being provided.

Loss of income benefits

If you are unable to work due to the transport accident for more than five working days, then the TAC will cover 80% of your loss of earnings up to a maximum of appropriately $1260.00 per week for a period of 18 months.

If after 18 months, you are still unable to work, the TAC will pay loss of earning capacity benefits to a maximum of $1070.00 per week for a further 18 months.

You will need to provide the TAC with a current Certificate of Capacity from your Doctor to claim income payments for periods of work incapacity.

Depending on your circumstances, the TAC may continue to pay you for loss of earning capacity benefits until retirement age, if your level of permanent impairment is determined by TAC at 50% or more.

Impairment Benefit

If your physical and/or psychological injuries are ongoing, you may be entitled to an impairment benefit from the TAC providing you meet certain criteria. Generally, a claim for an impairment assessment cannot be made until 18 months after the accident and when the injuries are stable.

Common Law Damages

You may also be able to receive common law damages if you have a serious injury and someone else was a fault for your injuries. This allows you to claim for economic loss and for pain and suffering and loss of enjoyment of life,

There are strict time limits that apply when making a claim for compensation. It is important you seek legal advice as soon as possible to ensure all available options are discussed.

Contact our office for your initial, no obligation free initial consultation to see where you stand – (03) 8658-0040.