Road Accidents/TAC Claims FAQs

The TAC will not give you independent legal advice regarding your TAC claim. In our experience, the TAC and the TAC lawyer often do not pay your maximum entitlement to compensation to income benefits, medical expenses and lump sums. In order to claim damages for pain and suffering and lost wages, you will need a TAC lawyer in Melbourne to represent you.

You should report your claim to the TAC as soon as possible by calling them. You normally must lodge your claim within 12 months of the accident. Generally, you will be required to report the accident to the police before your claim can be accepted. In order to claim compensation for weekly payments or medical expenses, you should also obtain a TAC Certificate of Capacity from your doctor. You should contact us to obtain advice as to the best way to protect your rights.

If the TAC refuses or ceases to pay you compensation, a review must be sought within 12 months. An application can be lodged with the Victorian Civil and Administrative Tribunal (VCAT). You should seek legal advice from us concerning referring the matter to VCAT. Arnold Thomas & Becker act assertively when it comes to protecting your rights.

If you are involved in a transport accident while working, you will be entitled to compensation under the WorkCover system. However, you may also have common law rights to further compensation under the Transport Accident scheme. You should contact us for advice as to how this works. However, if you are injured on your way to or from work, your injury will usually be covered with the TAC.

The Accident Compensation Act 1985 requires Independent Impairment Assessors to apply the American Medical Association Guides to the Evaluation of Permanent Impairment, 4th Edition when assessing the level of permanent impairment of a transport accident victim. A Whole Person Impairment percentage is calculated and then used to determine the amount of lump-sum compensation payable to the injured claimant.

Even if you were at fault in a transport accident, you will still have potential entitlements to the ‘no-fault’ benefits which can include weekly compensation for lost earnings, reimbursement of medical expenses and a lump sum amount of compensation for permanent impairment. You should seek legal advice from us concerning these entitlements and so that we might take your further instructions regarding the circumstances of the accident and whether a common law claim to sue another party might be possible.