TAC

Motor vehicle accident?

Accidents involving vehicles are an unfortunate part of life in our modern world. But we are fortunate in Victoria that the government had the foresight to establish the TAC to provide entitlements and support to people injured in motor vehicle accidents, including cyclists and pedestrians.

At Zaparas, our experience and expertise with TAC claims lets us work with you to establish the full extent of your claim and the benefits that you’re entitled to receive.

We understand that when you’re injured, your family and friends can feel the impact of your accident too. That’s why we will always find out exactly what we can do to help make things better for you in the short, medium and long term. 

We’ll focus on the positive outcomes that are possible and on getting you the benefits and compensation you’re entitled to. 

FAQs

What sort of benefits could you be eligible for?

Medical and like expenses

All medical services and treatments that are reasonable and related to the accident. A medical excess applies before the TAC commences payment, but we are happy to help you reach your excess while protecting your entitlements.

Loss of earnings and loss of earning capacity

Loss of earnings benefits may be paid for up to 18 months to a wage earner who is unable to return to their pre-accident employment as a result of injuries sustained. After this period, loss of earning capacity benefits may be paid for a further 18 months.

Impairment benefit

A permanent impairment arising from an injury may entitle you to a lump sum compensation amount. Your level of impairment is assessed by independent examiners before the TAC determines whether you will receive a payment or not. It’s our job to ensure you are assessed fairly and reasonably and to dispute any decision made by the TAC that we believe to be unjust.

Common law damages

Over and above these benefits, you may be entitled to Common Law damages where it can be shown that the transport accident was wholly or partially the fault of another party and that you have been ‘seriously injured’. Damages may include lump sum payments for pain and suffering and/or economic loss. TAC claims have time limits, so it is vital that you speak to us as soon as possible after you have been injured in a transport accident.

Help, I've been in a car accident, what should I do?

If you have been in a motor vehicle accident in Victoria, you have a legal right to claim compensation from the Transport Accident Commission (TAC).

Zaparas Lawyers specialises in TAC law. The firm’s expert team of TAC solicitors are dedicated to protecting the rights of injured individuals.

We can ensure your entitlement to benefits is determined fairly and reasonably, and can dispute a decision made by the TAC which you do not believe to be just.

If the accident was my fault, do I have any entitlements?

You have entitlements as an injured person regardless of who caused the accident. These entitlements include:

  • Medical and related expenses;
  • Weekly payments if you are unable to work;
  • A lump sum for permanent injury, called an ‘impairment benefit’.

What if the accident was someone else's fault?

Over and above the benefits outlined above, if the transport accident was caused wholly or partially by the fault of another party and you have sustained a serious injury, you may be entitled to make a common law claim. A common law claim may include lump-sum compensation for:

  • Pain and suffering;
  • Economic loss.

How long do I have to make a TAC claim?

A claim for compensation must be made within one year of the date of the injury or the date when you first realise you are injured as a result of a transport accident. However, the TAC may consider a claim made outside this one year limit if reasonable grounds exist for the delay in making a claim, and it is made within three years from the date of the accident or the date you first realise you are injured.

The TAC will not consider any claims made outside this three year period, unless the injured person is less than 18 years of age at the time of the accident. In this case they have until the day before they turn 21 years old to make a claim.

I was in an accident interstate, can the TAC help me?

If you were involved in a transport accident that occurred outside of Victoria, you will still be entitled to TAC benefits if:

  • You are a Victorian resident who was injured in an accident involving a Victorian registered vehicle; or
  • You are a non-Victorian resident who was injured as an occupant of a Victorian registered vehicle.

If a Victorian registered vehicle was not involved in your accident, your claim will be governed by the relevant authority in the state in which the accident occurred.

What should I do next?

Make an appointment to see one of our TAC solicitors who will answer any questions you have and give a comprehensive overview of your legal rights.

Where are your offices?

Currently we have six offices around Melbourne to assist clients all around Victoria. Our solicitors are also happy to make a home visit if required.

What should I bring to the appointment?

Please bring all relevant documentation you have such as completed claim forms, letters from the TAC, medical reports, radiological investigations and any other documents that may be relevant.

English is my second language, are you able to provide an interpreter?

Our firm has a diverse and multicultural team comprising of lawyers and law clerks who speak different languages including: Greek, Cantonese, Mandarin, Serbian, Croatian, Bosnian, Macedonian, Turkish and Singhalese. We also have a network of the very best interpreters who can attend interviews and appointments free of charge to our clients.

How much will I pay in legal costs?

When an injury is sustained, it is not only a traumatic and often life changing experience, it often causes great financial strain to the injured party and their family. This is why for 36 years Zaparas Lawyers has fought cases on a ‘No win, No charge’ basis. In simple terms, this means that you do not pay anything unless you win your case.

To find out more about our services, please see the following links:

•    WorkCover;

•    Superannuation;

•    Public Liability;

•    Asbestos.

Can I Claim?

Is there a connection to Victoria?

x

Connection to Victoria

A person who is injured as a result of a transport accident is entitled to compensation if:

  • The accident occurred in Victoria; OR
  • The accident occurred in another state or territory and involved a Victorian registered vehicle AND the person injured was either:
    1. A resident of Victoria (driver, passenger or pedestrian); OR
    2. An occupant of the Victorian registered vehicle.
  • A pedestrian who is struck by a Victorian registered vehicle interstate is covered by the TAC if they are a Victorian resident.

Interstate legislation applies -
seek legal advice

Did the accident occur in the course of employment?

x

Worksafe or TAC?

  • The TAC covers workers who are injured in a transport accident on a journey to or from work.
  • WorkSafe covers workers who are injured in a transport accident during the course of work, including during an authorised recess from work such as a lunch break.

This will be a workcover claim
- See workcover information

Was it caused by:

1. A motor vehicle?  2. Train, Tram or Bus?

x

What is a Motor Vehicle?

A vehicle with its own motive power used or intended to be used on a highway.

What is a highway?

A road: An area open to and used by the public and developed for driving and riding motor vehicles

A road related area: An area that divides a road (median strip), A footpath or nature strip, A bike path, An area that is not a road and that is open to and used by the public for driving, riding or parking motor vehicles (e.g.. forest tracks, MCG car park)

What is not a motor vehicle?

Under the Road Safety Act, a motor vehicle does not include:

  • A railway train or tram.
  • A motorised wheelchair not capable of a speed of more than 10 kilometres per hour.
  • A golf cart, golf buggy or ride on mower that is mainly used outside the road system (and not for travelling more than 2 kilometres at a time when on a highway in the one direction) and is being used for the purpose for which it is manufactured.
  • Self propelled vehicles, designed to be controlled by a person walking with the vehicle or a pedal cycle with a motor with an output not exceeding 200 watts.
  • A self propelled vehicle used for construction that travels less than 10 kilometres per hour.
  • An electronic scooter with an output of less than 200 watts that travels at a maximum speed of 10 kilometres per hour.
  • A ride on mower used for mowing.
  • A horse drawn carriage.

Trains, trams and buses

  • Trains and trams include all trains and trams in Victoria including those used for tourist purposes. It does not however include the following:
    • Miniature Railways.
    • Incident involving an interstate train or tram.
    • Any amusement ride/structure.
  • A pedestrian hit by a bus, tram or train is covered by the TAC.
  • A person injured by the opening or closing of bus, tram or train doors is also covered by the TAC.

MAY NOT BE AN Accepted TAC claim
- Seek legal advice

Accepted TAC claim

Will the injured person be covered as a cyclist?

x

Pedal Cyclists

A cyclist will be have an accepted claim if:

  • They have been injured by a collision with a driven or out-of-control motor vehicle.
  • Where there is no collision, when the injury was caused by a feature of the driving of a motor vehicle, eg a cyclist swerves to miss a car that pulls out in front of him or her and is injured.
  • They have been injured in a collision with an open or opening car door.
  • They have been injured by colliding with a stationary motor vehicle if they are on a journey to or from work.

Accepted TAC claim

x

Other restrictions

  • The TAC will not restrict a person's entitlement to medical and hospital services under the TAC scheme based upon the accident circumstances.
  • They may however restrict a person's entitlement to Income Benefits or other benefits based on the following:
    • The Blood alcohol readings and any refusal of breath/alcohol tests.
    • Some other driving offences.
    • Where the accident occurred during the commission of a criminal offence.
    • Driving on cancelled or suspended licences.
    • Driving a vehicle of a different class to the licence held by the driver.

What are a worker's entitlements once they have an accepted TAC claim?

  • Medical and like expenses - All medical services and treatment that are reasonable and related to the accident. If the patient was not admitted as an inpatient, a medical excess applies before the TAC commences payment.
  • Loss of earnings and loss of earning capacity - Loss of earnings benefits may be paid for up to 18 months to an earner who is unable to return to their pre-accident employment as a result of injuries sustained. After this period, loss of earning capacity benefits may be paid for a further 18 months.
  • Lump sum compensation When someone sustains a permanent injury they may be entitled to lump sum compensation. Regardless of whose fault the accident is, they may be entitled to an 'impairment benefit'. In addition to this, if the transport accident was caused wholly or partially by the fault of another party and the patient has sustained a serious injury, the patient may be entitled to make a larger claim for pain and suffering and/or economic loss.

Was the vehicle registered AND tac charge paid?

x

Unregistered and Uninsured Vehicles

In Victoria the owner of a motor vehicle usually pays the transport accident charge (insured vehicle) and a further payment for registration (registered vehicle) at the same time. Both fees are normally collected by VicRoads.

Accepted TAC claim

x

Other restrictions

  • The TAC will not restrict a person's entitlement to medical and hospital services under the TAC scheme based upon the accident circumstances.
  • They may however restrict a person's entitlement to Income Benefits or other benefits based on the following:
    • The Blood alcohol readings and any refusal of breath/alcohol tests.
    • Some other driving offences.
    • Where the accident occurred during the commission of a criminal offence.
    • Driving on cancelled or suspended licences.
    • Driving a vehicle of a different class to the licence held by the driver.

What are a worker's entitlements once they have an accepted TAC claim?

  • Medical and like expenses - All medical services and treatment that are reasonable and related to the accident. If the patient was not admitted as an inpatient, a medical excess applies before the TAC commences payment.
  • Loss of earnings and loss of earning capacity - Loss of earnings benefits may be paid for up to 18 months to an earner who is unable to return to their pre-accident employment as a result of injuries sustained. After this period, loss of earning capacity benefits may be paid for a further 18 months.
  • Lump sum compensation When someone sustains a permanent injury they may be entitled to lump sum compensation. Regardless of whose fault the accident is, they may be entitled to an 'impairment benefit'. In addition to this, if the transport accident was caused wholly or partially by the fault of another party and the patient has sustained a serious injury, the patient may be entitled to make a larger claim for pain and suffering and/or economic loss.

Did the accident occur on private land?

x

Accidents that occur on Private Land

If the accident occurs on a highway, the TAC will cover the injured person, regardless of whether the vehicle is registered/insured or not.

A highway includes any area accessible to the public such as:

  • A road (an area open to or used by the public and developed for, or has as one of its main uses, the driving or riding of motor vehicles)
  • A footpath, nature strip or an area that divides a road
  • An area open to the public and designated for cyclists
  • An area open to or used by the public for driving, riding or parking motor vehicles.

Private land is land which is not a highway and the public cannot enter or remain on without permission.

Generally, the TAC will not cover a person in a transport accident involving an unregistered or uninsured vehicle or to an owner of an unregistered vehicle where the accident occurred on private land.

May not be an accepted claim
- Seek legal advice

Accepted TAC claim

x

Other restrictions

  • The TAC will not restrict a person's entitlement to medical and hospital services under the TAC scheme based upon the accident circumstances.
  • They may however restrict a person's entitlement to Income Benefits or other benefits based on the following:
    • The Blood alcohol readings and any refusal of breath/alcohol tests.
    • Some other driving offences.
    • Where the accident occurred during the commission of a criminal offence.
    • Driving on cancelled or suspended licences.
    • Driving a vehicle of a different class to the licence held by the driver.

What are a worker's entitlements once they have an accepted TAC claim?

  • Medical and like expenses - All medical services and treatment that are reasonable and related to the accident. If the patient was not admitted as an inpatient, a medical excess applies before the TAC commences payment.
  • Loss of earnings and loss of earning capacity - Loss of earnings benefits may be paid for up to 18 months to an earner who is unable to return to their pre-accident employment as a result of injuries sustained. After this period, loss of earning capacity benefits may be paid for a further 18 months.
  • Lump sum compensation When someone sustains a permanent injury they may be entitled to lump sum compensation. Regardless of whose fault the accident is, they may be entitled to an 'impairment benefit'. In addition to this, if the transport accident was caused wholly or partially by the fault of another party and the patient has sustained a serious injury, the patient may be entitled to make a larger claim for pain and suffering and/or economic loss.

Was the vehicle registered
and TAC charge paid?

x

Uninsured and Unregistered Vehicles

* Uninsured = vehicles on which the TAC Charge has not been paid. TAC Cover is available through VicRoads without registration.

  • If the accident occurs on a highway, the TAC will be liable for no fault hospital and medical expenses of a driver/passenger of an unregistered or uninsured motor vehicle.
  • There are some restrictions on what the TAC will pay to the driver/passenger and the TAC may seek recovery from the owner of the unregistered vehicle.

Accepted TAC claim

x

Other restrictions

  • The TAC will not restrict a person's entitlement to medical and hospital services under the TAC scheme based upon the accident circumstances.
  • They may however restrict a person's entitlement to Income Benefits or other benefits based on the following:
    • The Blood alcohol readings and any refusal of breath/alcohol tests.
    • Some other driving offences.
    • Where the accident occurred during the commission of a criminal offence.
    • Driving on cancelled or suspended licences.
    • Driving a vehicle of a different class to the licence held by the driver.

What are a worker's entitlements once they have an accepted TAC claim?

  • Medical and like expenses - All medical services and treatment that are reasonable and related to the accident. If the patient was not admitted as an inpatient, a medical excess applies before the TAC commences payment.
  • Loss of earnings and loss of earning capacity - Loss of earnings benefits may be paid for up to 18 months to an earner who is unable to return to their pre-accident employment as a result of injuries sustained. After this period, loss of earning capacity benefits may be paid for a further 18 months.
  • Lump sum compensation When someone sustains a permanent injury they may be entitled to lump sum compensation. Regardless of whose fault the accident is, they may be entitled to an 'impairment benefit'. In addition to this, if the transport accident was caused wholly or partially by the fault of another party and the patient has sustained a serious injury, the patient may be entitled to make a larger claim for pain and suffering and/or economic loss.

What are a Worker's entitlements once they have an accepted tac claim?

  • Medical and like expenses - All medical services and treatment that are reasonable and related to the accident. If the worker was not admitted as an inpatient, a medical excess applies before the TAC commences payment.
  • Loss of earnings and loss of earning capacity - Loss of earnings benefits may be paid for up to 18 months to an earner who is unable to return to their pre-accident employment as a result of injuries sustained. After this period, loss of earning capacity benefits may be paid for a further 18 months.
  • Lump sum compensation When someone sustains a permanent injury they may be entitled to lump sum compensation. Regardless of whose fault the accident is, they may be entitled to an impairment benefit. In addition to this, if the transport accident was caused wholly or partially by the fault of another party and the worker has sustained a serious injury, the worker may be entitled to make a larger claim for pain and suffering and/or economic loss.

Did the accident occur on private land?

x

Accidents that occur on Private Land

Private land is land which is not a highway and the public cannot enter or remain on without permission.

  • If the accident involves a registered or insured motor vehicle on private land, the TAC will cover the injured person.
  • If the accident involves a motor vehicle which has never been registered and no TAC charge has been paid, the TAC will not cover the injured person.
  • If the accident involves a mix of registered and unregistered vehicles or insured and uninsured vehicles, the TAC may cover the injured person.

Accepted TAC claim

x

Other restrictions

  • The TAC will not restrict a person's entitlement to medical and hospital services under the TAC scheme based upon the accident circumstances.
  • They may however restrict a person's entitlement to Income Benefits or other benefits based on the following:
    • The Blood alcohol readings and any refusal of breath/alcohol tests.
    • Some other driving offences.
    • Where the accident occurred during the commission of a criminal offence.
    • Driving on cancelled or suspended licences.
    • Driving a vehicle of a different class to the licence held by the driver.

What are a worker's entitlements once they have an accepted TAC claim?

  • Medical and like expenses - All medical services and treatment that are reasonable and related to the accident. If the patient was not admitted as an inpatient, a medical excess applies before the TAC commences payment.
  • Loss of earnings and loss of earning capacity - Loss of earnings benefits may be paid for up to 18 months to an earner who is unable to return to their pre-accident employment as a result of injuries sustained. After this period, loss of earning capacity benefits may be paid for a further 18 months.
  • Lump sum compensation When someone sustains a permanent injury they may be entitled to lump sum compensation. Regardless of whose fault the accident is, they may be entitled to an 'impairment benefit'. In addition to this, if the transport accident was caused wholly or partially by the fault of another party and the patient has sustained a serious injury, the patient may be entitled to make a larger claim for pain and suffering and/or economic loss.

Will not be an
accepted TAC claim