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Injured on Public Transport? Can You Make a TAC Claim?

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Please note that this post was written for Victorian audiences and the information within may not apply to other regions.

Can I make a TAC claim if I was injured on Public Transport?

With so many people using public transport daily, incidents that result in injury are unsurprisingly common.  

If you have been injured while using a bus, tram, or train in Victoria, you may be eligible for compensation through the TAC.

Public Transport and the TAC

A “transport accident” is defined under the Transport Accident Act 1986 as “an incident directly caused by the driving of a motor car or motor vehicle, a railway or a tram” (note that a “motor vehicle” is taken to include buses).

It is important to note that to be eligible to make a claim, you must suffer injury through the use (driving) of the vehicle.

Common compensable incidents include:

  • Sudden acceleration;
  • Swerving;
  • Speeding;
  • Hard or unexpected braking;
  • Other unsafe driving practices.

Compensable injuries do not include:

  • Injuries caused independent of the use of the vehicle;
  • Medical episodes on public transport.

What do I do If have been injured whilst using public transport?

If you have been injured on public transport, it is important to:

  1. Report the accident to the public transport operator (Metro Trains, V-Line, or the appropriate bus company).
  2. Collect contact details from any witnesses to your accident.
  3. Visit your General Practitioner or hospital for treatment of your injuries.
  4. Contact Zaparas Lawyers for a no-obligation discussion.


Lodging a TAC claim following an injury on Public Transport

If you need to take time off work and/or require medical treatment for your injuries, you might be eligible to lodge a TAC claim.

Zaparas Lawyers can assist you with this process, free of charge.

Our team is experienced in providing advice to ensure that your entitlements are maximised through the TAC scheme. 

Call us today to book a free consultation on 8527 0200.

Important: Please note that you have 12 months from the date of your accident to lodge a claim. We recommend doing so as soon as practicable.

What entitlements are available from the TAC if I have been injured in a Public Transport Accident?

No-Fault Entitlements

These are entitlements that you can claim, regardless of who was at fault for an accident.

Weekly Payment/ Loss of income

If you cannot work due to your injury (or have modified your hours or duties) you may be entitled to weekly payments or appropriate ‘top-ups’. These are calculated by reference to your pre-accident earnings.

Weekly payments are available for up to 3 years post-accident (and in certain circumstances beyond).

Medical and Like Expenses

The TAC can pay for medical treatment that is reasonable and accident-related.

These can include:

  • GP and specialist appointments
  • Physical Therapies
  • Psychological/Psychiatric treatment
  • Medication
  • Surgery

Others include:

  • Travel to and from medical appointments
  • Inpatient hospital care
  • Radiological investigations
  • Rehabilitation
  • Nursing care
  • Home help and garden maintenance.

It is important to speak to a lawyer to ensure that your entitlements are being maximised.

Impairment Benefits

Once your injuries are stable, you may be entitled to an impairment benefit payment.

This is a small lump sum payable where your injuries exceed a particular threshold.

To discuss eligibility, please contact one of our lawyers on 8527 0200.

Common Law Entitlements

Further lump sum compensation may be payable by way of a common law claim.

These are payments of damages for a person’s loss of enjoyment of life, as well as any economic loss.

To be entitled to common law damages, you must establish that your injuries are ‘serious’, and that accident was someone else’s fault.

To discuss eligibility, please contact one of our lawyers on 8527 0200.