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Motor Vehicle &
Car Accident Lawyers

TAC 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.

These include:

  • Doctor and specialist appointments
  • Physical Therapies
  • Psychological/Psychiatric treatment
  • Medication
  • Travel to and from medical appointments
  • Inpatient hospital care
  • Surgery
  • Radiology
  • Rehabilitation
  • Nursing care
  • Home help and garden maintenance.

Impairment Benefit

  • 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
else’s fault?
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:

1. Use the online lodgement form on the TAC website

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

Other Services


Zaparas Lawyers was recognised and awarded
as leading TAC compensation lawyers in 2020, 2021, 2022 & 2023

A law firm that understands you

Read more client reviews

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FAQs

Help I’ve been in a transport accident what should I do?
If you have been injured in a motor vehicle accident in Victoria, you have a legal right to claim compensation from the Transport Accident Commission (TAC). Zaparas Lawyers specialise 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 on your behalf.
What sort of benefits could I be eligible for?

Medical and like expenses

This 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 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.
How can I claim on medical expenses from the TAC?
In order to make a request for a particular service or treatment, your doctor will need to send a written request to the Commission to ask it to fund the treatment. We recommend putting in the medical justification for the treatment, and, if there has been a gap in treatment, explain the reasons for that gap as well. This will hopefully help the Commission in its consideration of the request and prevent unnecessary delays. Once the Commission has received the material, it will make a decision on the merits of the request. If the decision is to approve the treatment, then you can arrange with your treatment provider to undergo the treatment, or with a service provider to the assistance. If the decision is to deny funding, we recommend that you seek legal advice to help you determine whether this a decision that should be challenged. Understanding your right to medical expense coverage can provide a sense of safety and security for you and your family. For a more in depth understanding about how Zaparas Lawyers can aid you in this process, please see the following video: https://www.zaparaslaw.com.au/case-study/medical-and-expenses-tac
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’.
Strict time limits apply, so we recommend seeking advice as soon as possible. A lawyer will be able to help you through this process and negotiate on your behalf.
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 realised you were 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.
Help, my child/minor was injured in a transport accident
If your child or minor has been involved in a transport accident, there are additional benefits available. You may be able to claim a weekly benefit that will help with the cost of looking after your injured child or minor. The payment will be made to the parent/s or guardian until they are 18 years of age.
What is a nervous shock claim?
If a person has suffered a psychological injury as a result of the death of another person in a transport accident, a claim for compensation can be made. This can include a witness at the accident scene, or a family member of the deceased.
What should I do next?
Make an appointment to see one of our specialist compensation lawyers who will answer any questions you have and give a comprehensive overview of your legal rights.
Where are your offices?
Currently we have seven offices around Melbourne to assist clients all around Victoria and an office in Queensland. Our solicitors are also happy to make a home visit if required. Our locations can be found here: Zaparas Lawyers office locations 
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.
How much will I pay in legal costs?
When an injury is sustained, it often causes great financial strain to the injured party and their family. This is why, since its beginning, 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. We believe everyone deserves access to justice no matter their financial situation. Our fees cover the time required for your lawyer and legal team to work on your case and unlike other firms, we have also extended our ‘No Win, No Charge’ policy to cover other expenses like medical reports, court and barrister fees. We know our clients rely on us to get the best outcome.
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.

Video

Team

Peter Zaparas
Partner
Specialities: WorkCover, TAC (Road Accident), Public Liability
Zoe Zaparas
Partner
Specialities: TAC (Road Accident), Public Liability
Matthew Naughtin
Partner
Specialities: TAC (Road Accident)
Rebecca Christofidis
Partner
Specialities: WorkCover, TAC (Road Accident)
Cathryn Wardrop
Senior Associate
Specialities: WorkCover, TAC (Road Accident)

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