Road Accidents / TAC Claims

Need an Expert TAC Lawyer in Melbourne?

There are a number of reasons why these situations occur; all it takes is a moment’s lapse in concentration or a minor distraction and you can find yourself involved in a collision with another vehicle. This can be an extremely stressful time as you may be liable for repairs to not only your own vehicle, but any other vehicles you have struck.

That is why it is important to always contact the experts in road incidents and TAC claims at Arnold Thomas Becker who can help deliver compensation from the Transport Accident Commission (TAC) if you have been injured in a road accident – even if the incident was your own fault. The TAC has a ‘no-fault’ scheme with benefits that are available.

This is because no matter who was at fault, these events have a major impact on all of those involved. There are the injuries that are sustained by all parties, insurance payouts, vehicle damage and the loss of a vehicle that could be used as an essential part of the driver’s job. There is going to be recovery time from the injuries and in some cases there may be permanent damage that dramatically changes the life of the person or people involved. That is why compensation is available, to help all parties mitigate the pain of road accidents.

There is a range of different entitlements that are available to the victims in Victoria (whether they were at fault or not) to cover all of the different aspects of their lives that become impacted by the injuries sustained.

These entitlements include:

  • Lost Wages because you are not able to work because of the injuries sustained or aggravated in the road accident;
  • Medical and Like Expenses including any surgical expenses, ongoing treatment and rehabilitation, medications and assistance required in the form of personal carers or equipment like wheelchairs etc;
  • Travel and Household Support Services for all expenses involved in maintaining your household while you are injured and traveling to and from medical appointments and other essential appointments;
  • A Lump Sum Impairment Benefit; and
  • Lump Sum Common Law Claims for Damages.

Where someone else has been negligent you may also claim Common Law damages. Common law is based on previous decisions made by judges in relation to road accidents and compensation claims rather than on written laws. It is based on legal precedents that have been established in the courts and our team will leave no stone unturned in finding all relevant precedents to your case to help deliver you the compensation that you deserve.

This includes compensation for your pain and suffering and past and future loss of income. These claims can be very significant as there is often a raft of expenses that need to be met when you are injured in one of these circumstances, while there is also a lot of financial pressure if you are unable to work as a result of your injuries. As of July 2019, the maximum payout is currently $1,816,050. This does not include medical and like expenses, these will be paid ongoing.

Our road accident lawyers get you results

Being injured in a traffic accident is, of course, a traumatic experience. Your first priority is your health and well-being but as soon as possible after the incident, you should take steps in preparation for lodging a claim. It’s important to record as many details of the situation as you can as this will help in the processing of your claim.

If possible, you should make a note of:

  • The location, date, time and circumstances of the incident. Any detail you can remember will be extremely helpful in putting together a clear picture of what happened in the incident and will assist in your compensation claim.
  • Registration number and descriptions of vehicles involved
  • Names of persons in the vehicles involved
  • Names and contact details for any witnesses
  • Details of any police reports (if the police didn’t attend you should make a report before lodging a claim). Our team can assist you in lodging this claim and liaising with police.

You should also keep a record of any medical treatment you have received following the event including the names of the health professionals involved. This is very important as these fees can become very expensive and we need the total picture to be able to claim compensation for the medical expenses you have already incurred as well as future expenses that you will likely face for your recovery and rehabilitation.

In order to claim compensation for weekly payments or medical expenses, you should also obtain a TAC Certificate of Capacity from your doctor.

The team at Arnold Thomas Becker understands this is a difficult time and we will operate with care and compassion with you to collect this vital information without putting undue pressure on you during a highly stressful time. We are the experts in TAC claims and will make this process as simple as possible for you without bogging you down with paperwork.

Before lodging your claim with the TAC we strongly recommend you contact us for independent legal advice to ensure you receive the maximum compensation benefits. We’ll make the whole process simple and stress-free. Consultation is free, and remember you pay no fees unless you win.

TAC claims in Victoria

Unlike some other states, Victoria has a “no-fault” scheme which means you can lodge a claim regardless of who was at fault. This means you can lodge a claim even if you caused the accident.

There are a number of other schemes and benefits available across all other states and jurisdictions around Australia as well, so if the accident occurs outside of Victoria or If you live outside of Victoria contact us for advice on the benefits available to you.

Insurance companies have a lot of resources on their side so we like to level the playing field. You will have access to all of the resources available within Arnold Thomas Becker including all of our experience, skilled and professional legal staff and more. We will work for your best interests and remove stress, so you can concentrate on getting better.

Eligibility for lodging a TAC/car accident claim

You are able to make a claim if you or the person you represent was injured or died in an incident involving a car, bus, motorcycle, train or tram. Pedestrians and cyclists are also covered under the scheme.

So no matter what you were doing at the time, no matter what mode of transport you were using (including walking, jogging and running) you are eligible for compensation in Victoria under the TAC scheme if you were injured on any road within the state.

Time limits

There are time limits involved when it comes to claiming compensation for road accidents and they can vary from state to state as well as within individual states.

If you have been in a transport accident in Victoria, you must lodge your claim within one year from the date that it occurred.

There is a time limit of 6 years for TAC claims in Melbourne. In some cases there may be exceptions. Contact us to check your eligibility. The sooner you lodge your application, the sooner you will receive compensation for costs you will likely already be incurring such as medical expenses.

No Win, No Fee lawyers available for your case

Your financial position or bank balance shouldn’t be the metric on whether you are entitled to fair compensation or not. So if our team of expert Melbourne lawyers determine that you have valid cause for compensation, we will take on your case on a true no win, no fee basis. We will only take on the case if we can see there is a clear case for compensation so you can go through the entire process knowing there will be no bills until the compensation arrives and the fees will be built into that so there will be no out-of-pocket expenses in regards to your legal representation.

That means you will not be billed for the hours we work on your case and there will be no other fees involved as well unless we win your case. This model ensures you can access support through car accident lawyers in Melbourne, without the stress and worry about paying the bills in the meantime.

We will get the fair outcome you deserve so you can concentrate on your recovery and the repair or replacement of your vehicle.

Finding the best car accident lawyers in Melbourne

The team of lawyers at Arnold Thomas & Becker are also available for a wide range of other services, including personal injury as well as highly serious incidents like sexual abuse where you need a sensitive and compassionate representative who also understands the judicial system and how to deliver a fair outcome for you.

And remember that we have no win, no fee lawyers available so be sure to speak to our team about your circumstances and the incident without fear of your financial position. Call us on 1300 333 300 and speak to our friendly team now.

TAC Claim FAQs

In our experience, the TAC often do not pay your maximum entitlement 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 to represent you.

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 Transport Accident Act 1985 requires Independent Impairment Assessors to apply the American Medical Association Guides to the Evaluation of Permanent Impairment, 4th Edition when assessing 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.

TAC claims cover those who were injured or killed as a result of a motorised vehicle accident including; 

  • Drivers and passengers of a car, ute, van, truck, motorcycle or scooter
  • Cyclists injured riding on the road, dedicated bicycle path or shared pathway
  • Public transport passengers riding a train, bus or tram
  • Workers injured while operating a registered vehicle
  • Pedestrians

Arnold Thomas & Becker’s road accident lawyers have helped thousands of people injured on Victorian roads. If you have been injured by a motorised vehicle we will help you maximise your compensation entitlements.

Usually, there are six years in which a client needs to make a claim. However, in some circumstances, we may be able to apply for a time limit extension. To ensure you have the best possible chance at success, contact us today.

Our car accident claim lawyers offer a no win no fee payment option. You only pay our legal fees on a successful outcome of your case. Unlike other firms, we will not pass on disbursement costs and do not require litigation funding.

Yes. We see many pedestrians struck by vehicles such as cars or motorbikes at zebra crossings where vehicles fail to give way, don’t stop at red lights or are simply driving recklessly.

Yes. A widowed spouse or dependant can make a claim for loss of life. Find out more about your entitlements.

Road accidents produce an array of injuries both physical and mental. Common injuries clients can claim for are; 

  • Whiplash 
  • Brain damage 
  • Broken bones and teeth 
  • Scaring 
  • Spinal damage 
  • Loss of limbs 
  • Permanent disability 
  • Psychological trauma

Yes, you can. You can pursue further claims for lump sum including impediment claims or common law claims.

All TAC compensation cases will vary in length. If the nature of an injury is complex, your case may take longer. Your road accident lawyer will be able to advise you of the timeframes throughout the process.

Yes, it has recently been included as a transport accident. TAC will now indemnify a vehicle owner, driver or passenger who cause an injury from dooring.