Motor Vehicle &
Car Accident Lawyers
Motor Vehicle & Car Accident Lawyers Melbourne
If you’ve been injured in a road or transport accident you may have a claim for compensation.
Are you Eligible to make a TAC Claim in Melbourne?
To make a TAC claim, you must be injured as a result of a transport-accident involving a Victorian registered vehicle.
You may be covered by the TAC if you are a:
- Driver or passenger of a vehicle regardless of who was at fault
- Pedestrian hit by a vehicle
- Cyclist hit by a vehicle
- Cyclist that collides with a stationary vehicle, open or opening of a vehicle door
- Cyclist injured by taking evasive action to avoid being hit by a vehicle
- Driver or passenger injured on tram/bus/train accident
- Driver or passenger injured due to a defect in a vehicle.
In addition to the above, you may also be entitled to make a TAC claim if you are:
- The dependent of a person who dies as a result of a transport accident, OR
- If you suffer a psychiatric injury because you witnessed a traumatic accident or the aftermath of a traumatic accident, or if a family member dies or is seriously injured as the result of a transport accident.
A road accident injury can affect you physically, emotionally, and financially. Zaparas lawyers understands how stressful making a TAC claim can be, we are here to assist you every step of the way.
If you have been injured in a motor vehicle accident, contact us and we will help you make a claim for compensation.
Have you been injured in a road or transport accident?
Take our free claim check today to see if you’re eligible for compensation, or call us to talk to us today.
When Can I lodge a claim for my motor vehicle accident?
- You have one year from the date of the accident or injury in which to make a claim with the TAC.
- The TAC can accept or reject a claim up to three years after the accident.
- Claims made outside three years, will not be accepted.
- 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
What is my TAC claim worth?
This is an inevitable question. Assigning a dollar value to a person’s pain and suffering is an imperfect practice. These decisions are guided by a legal framework. For a more detailed breakdown of the calculation read our blog on TAC Claims.
What entitlements do TAC claims include in Victoria?
No Fault Entitlements
These are entitlements that you can claim, regardless of who was at fault for an accident.
Loss of Income
- If you cannot work because of your injuries, you may be entitled to loss of income payments.
- If you are completely incapacitated for work, your loss of income payments will generally be calculated at 80% of your pre-accident income.
- If you are able to return to work in a reduced capacity, your loss of income payments may be 85% of the difference between your pre-accident income and current income.
- Your loss of income entitlement can continue for up to three years after your accident.
- In exceptional circumstances, you may be entitled to loss of income payments beyond the 3-year mark.
- You may also be able to claim Superannuation entitlements
Medical and Like Expenses
The TAC can pay for medical and like expenses that are reasonable and related to your accident.
- Doctor and specialist appointments
- Physical Therapies
- Psychological/Psychiatric treatment
- Travel to and from medical appointments
- Inpatient hospital care
- Nursing care
- Home help and garden maintenance.
- Once your condition is permanent and stable, you may be entitled to an impairment benefit lump sum.
- An impairment benefit claim is aimed at providing compensation for permanent injury, loss of function and movement.
- You must suffer a whole person permanent impairment of at least 11%, to be entitled to an impairment benefit lump sum.
Please contact us to obtain advice as to whether you are entitled to this benefit.
- An impairment benefit claim must be made within 6 years of the date of an accident.
- If no impairment claim is lodged, the TAC is deemed to have determined your level of permanent impairment as being 0%.
- You will then have a further year to dispute the impairment determination with the TAC.
Preparing for these cases can be complex and time sensitive.
Contesting a TAC decision
- If you receive a decision letter from the TAC in relation to one of your ‘no fault’ entitlements, you have 12 months from the date that you become aware of the decision in which to contest it.
It is important that you contact us as soon as possible if you’re unhappy with any TAC decision.
What if the accident was someone
Common Law Claims Explained
In addition to your No-Fault entitlements above, you may also be entitled to Common Law Damages – Lump sum payment for loss of earnings into the future and loss of enjoyment of life.
To be entitled to Common Law entitlements, you must establish that your injury is serious and that someone else was at fault for your accident.
If you believe you may have an entitlement to common law damages, we recommend that you contact us for advice as to whether your injury meets the relevant tests..
Making a Common Law claim
- There is a six (6) year limitation period in the State of Victoria for bringing a Common Law claim for injuries sustained as a result of a transport accident.
- In some exceptional circumstances a Judge may grant an extension of time outside the usual 6-year period.
- It is important that you contact us immediately if your six-year limitation period has passed or is approaching.
Seeking reimbursement of expenses from the TAC
- For the first 90 days after a transport accident, the TAC will reimburse your medical and like expenses without a formal request.
- After the first 90 days, your doctor will need to write to the TAC to request approval for treatment or services required as a result of your transport accident.
- The TAC will then consider funding the requested treatment and issue a decision.
- Please note that if there are medical and like expenses you wish to claim from the TAC, they must be lodged with the TAC within 2 years of the date of the expense being incurred by you.
How do I lodge a TAC claim?
There are three ways you can make a TAC claim:
2. Call TAC on 1300 654 329
3. Sometimes a hospital can lodge a claim on your behalf. If you are unsure if this has happened, please contact TAC on the number above and they will give you further advice.
Zaparas Lawyers are happy to assist you in lodging your TAC claim. We understand this can be quite a daunting process, we are happy to assist you every step of the way.
How much will lodging a TAC claim cost?
With Zaparas Lawyers we have a No Win, No Fee Policy.
No Win, No Fee
We’ve seen how traumatic and life changing an injury can be, so we understand how important it is that you don’t have to worry about the financial side of your claim.
Learn More About No Win – No Fee
We are a family business – and we will treat you as one of our own.
Contact us today for a free, no-obligation appointment.
Why Choose Zaparas Lawyers for your TAC claim?
We understand that when you’re injured, your family and friends can feel the impact of your accident too. We know our clients rely on us to get the best outcome that’s why our road compensation experts will focus on getting you the benefits and compensation you’re entitled to.
We are a family business – and we will treat you as one of our own.
For more in depth information about TAC topics have a look at the TAC section of our blog.
Contact us today for a free, no-obligation appointment
Zaparas Lawyers was recognised and awarded
as leading TAC compensation lawyers in 2020, 2021, 2022 & 2023
A law firm that understands you
What we offer
Medical and like expensesThis includes 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 capacityLoss 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 benefitA 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 damagesOver 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.
- Medical and related expenses;
- Weekly payments if you are unable to work;
- A lump sum for permanent injury, called an ‘impairment benefit’.
- Pain and suffering;
- Economic loss.
- 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.
The Transport Accident Commission (TAC) supports Victorians who are injured on the road and assists with recovery. Under the “No-Fault Scheme”, the TAC can provide entitlements such as medical and like expenses. Medical and like expenses include but are not limited to: GP consultations; Specialist appointments; Radiological scans (e.g. MRI, x-ray); Physical therapies; Psychology/Psychiatry treatment;…
The overall number of fatalities and serious injuries on Australian roads have decreased in the past decade, but any death is one too many.
Being injured in a road or transport accident can have negative impacts on everyone involved – those at fault and not. For these reasons, compensation schemes exist around Australia and aim to provide benefits to injured persons to support them back …