Making a TAC claim due to a motor vehicle accident
is a complex and often stressful process that is
best navigated with expert support.
With a combination of lawyers and nurses on staff, you'll be able to
focus on your recovery whilst we take care of the rest.
Driver, passenger or pedestrian - you have rights
A motor vehicle accident means an incident involving the use or operation of a motor vehicle which causes injury or death to a person. This includes injuries that result from:
- The driving of a vehicle
- A collision, or action taken to avoid a collision, with a vehicle
- The vehicle's running out of control
- A dangerous situation caused by the driving of a vehicle
The Victorian Motor Vehicle Accident compensation scheme is governed by the Transport Accident Act 1986 and is managed by the Transport Accident Commission (TAC). The TAC scheme provides payment for a range of treatments and benefits to people who sustain injury or illness as a result of a motor vehicle accident.
A motor vehicle is not limited to cars or trucks but also includes motorbikes, trams, trains, buses, dune buggies and tractors.
The scheme does not cover cyclists being hit by opening doors and public transport door injuries.
If you've been in an accident on the road or on public transport, our team of lawyers and client care coordinators will work with you to ease the burden of making a claim.
We've made an investment in your care.
Our motor vehicle accident lawyers are supported by our own in-house team of Client Care Coordinators (CCC's). Each of our CCC's have built a career in nursing and advocating for those who have been injured in road accidents.
The CCC's can help you and your family with medical paperwork, attend assessment and rehabilitation meetings with you and even make referrals to their network of medical practitioners.
The TAC system is difficult to understand and navigate - especially given that it's not something most people have ever been exposed to in their lives. Our lawyers and CCC's are trained to with information that is simple and easy to understand so that you can make well-informed decisions about your future.
Finally, we can help you with payment of wages and access to medical services.
Our injury law team offers 'no win, no fee' in most injury matters. We offer all our new clients a no cost and obligation free first appointment and would be happy to discuss how we can assist you further during this time.
What are the next steps?
- The first step in the process is to advise the TAC as soon as you become aware that you have sustained a injury in a motor vehicle accident. All TAC claims should be lodged within 12 months of the date of the accident.
- The TAC may accept a claim up to three years from the date of accident. If you are under 18 at the date of the motor vehicle accident, you have 12 months from the date of your 18th birthday to lodge a claim. The TAC has 21 days from the date it receives your claim to accept or reject it.
- A person has 12 months from the date of receiving any TAC decision to lodge a dispute application. This may include the TAC decision to reject your claim or provide payment for medical treatment or rehabilitation.
- If the matter cannot be resolved with the TAC then you have three months to lodge an Application for Review at the Victorian Civil and Administrative Tribunal (VCAT). You should seek legal advice if you have received a decision from the TAC which you disagree with.
You may be entitled to a TAC claim due to a motor vehicle accident. But receiving fair compensation can be complex.
Download our guide that visually describes the process of claiming TAC compensation.
Speak with a senior personal injury lawyer.
Our Melbourne-based motor vehicle accident Principals are all Accredited Specialists of the Law Institute of Victoria. If you have been injured and there is a vehicle involved, we recommend you seek legal advice as to whether you might be eligible for the TAC scheme.
Harry Gill.
Founding Principal.
Jeremy King.
Principal.
- Injury Law & Police Misconduct
- 03 9890 3321
- Email Address: j.king@robinsongill.com.au
Additional legal avenues to consider
Find out if you can make a property damage claim
We have an in-house team of lawyers who can assist you in making a claim for motor vehicle damages.
Making a claim through your Super & TPD insurance
Your superannuation policy may cover injuries as a result of a road accident. As a result, you may be entitled to additional compensation.
Update your will
After a serious injury, it can be wise to make changes to your will (or draft your first will). Our Wills team can offer you a complimentary review of your will. Bring it your first appointment or use our online tool and have it reviewed by a lawyer.
Resources & FAQs
Answers to common questions in
relation to the expertise.
Defining ‘Full Time Student’ for beneficial legislation
This recent case of Marsh v Transport Accident Commission [2020] VSC 228 now provides that a full-time student can be “extending to a student who has completed year 12, has either applied for an offer of a tertiary place or enrolled in a tertiary course, and is waiting for the academic period to commence.”
WorkCover: You cannot be serious!
John McEnroe’s famous edict can strike a shiver down the spine of any plaintiff personal injury lawyer. This is because proof of ‘serious injury’ is the threshold for making a common law claim for damages under either the WorkCover or TAC schemes.
Cyclists and TAC after 8 July 2014
Anna Vadaketh of Robinson Gill reported in a blog on 7 June 2018 about a proposed amendment to the Transport Accident Act (TAA), which governs TAC claims. We are pleased to advise that this has now come into effect.