Claims covered by TAC

Benefits to people injured in vehicle accidents

Claims covered by TAC

Under the Transport Accident Act 1986, a person injured as a result of a transport accident may be entitled to compensation.

PLEASE NOTE: This diagram is a general guide to dealing with TAC claims and is not a substitute for professional advice.

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