Hurt in a road accident in Victoria? Find out what you’re owed.

Every TAC claim and car accident claim is different. Our TAC lawyers value your claim based on your earnings, your injuries, your whole-person impairment, your treatment needs, and whether a common law negligence claim against the at-fault driver is also available. We give you a realistic range during your free claim check, and we revise it as the medical picture clarifies. Nobody can name the figure on day one. What we can do is value your claim properly and fight for everything you are owed.

You can lodge the initial TAC claim or car accident claim yourself, and many people do. But the gap between accepting what the TAC first offers and what your car accident claim is actually worth is often substantial. The TAC is the insurer, not your advocate. We see clients every week whose statutory benefits were stopped, whose impairment percentage was scored too low, or whose common law entitlements were never explained. Our TAC lawyers level the field.

Statutory benefits are the no-fault entitlements every TAC claimant qualifies for: medical and treatment costs, income support if you cannot work, and a lump sum for permanent impairment. Common law damages are a separate claim against the at-fault driver, available when your injuries are serious and negligence can be established. The two run in parallel. Statutory benefits cover treatment now; common law covers pain and suffering, loss of future earnings, and the long-term economic loss of a serious injury.

To bring a common law damages claim, your injuries must be certified as a “serious injury” under the Transport Accident Act. Two pathways apply: a whole-person impairment assessment of 30% or above, or a narrative test based on the lasting impact on your life, work, and function. We assemble the medical evidence to meet whichever pathway gives you the strongest claim.

Yes. Statutory TAC benefits are no-fault. Treatment costs, income support, and impairment lump sums are available whether or not the accident was your fault. Fault matters only for the separate common law damages claim, which requires another driver to have been negligent.

Statutory TAC benefits still apply. Every Victorian-registered vehicle pays into the TAC scheme through registration, so cover does not depend on the other driver’s circumstances. For a common law car accident claim in hit-and-run or unidentified-driver matters, separate provisions allow you to proceed where reasonable steps were taken to identify the driver and the police were notified within 14 days.

Statutory benefits should be lodged within 12 months of the accident, although late claims can sometimes be accepted with a reasonable explanation. Common law damages claims must be commenced within six years of the accident date, or three years from your 18th birthday for claimants who were minors. We move quickly to protect both deadlines.

Yes. Post-traumatic stress disorder, depression, anxiety, and adjustment disorders arising from a road accident are compensable under the TAC scheme, and treatment is covered as statutory benefit. Psychological injury can also support a common law damages claim, on its own or alongside physical injuries, provided the impact is serious and lasting.

Yes. The TAC scheme covers everyone injured in a transport accident involving a motor vehicle, including passengers, cyclists, pedestrians, motorcyclists, and public-transport users. The same statutory benefits and common law pathways apply, regardless of whether you were in a car.

A car accident claim under common law is brought against the at-fault driver, but damages are paid by the TAC, not the driver personally. The case is run in the driver’s name, and the TAC steps in to defend and ultimately pay any settlement or judgment. Your claim does not financially affect the at-fault driver.

Impairment is assessed when your injuries are reasonably stable. If your condition deteriorates later, an impairment reassessment can be sought, and statutory benefits may continue or resume. Common law claims are usually finalised once, so timing the settlement to allow your prognosis to clarify is critical. We do not rush that decision.

Almost certainly not. The vast majority of TAC common law claims settle through negotiation, compulsory conferences, or mediation. But we prepare every claim as if it will go to trial, and that is precisely why the TAC settles rather than litigates against us.

TAC cover extends to Victorian residents involved in transport accidents anywhere in Australia, with some conditions. Accidents overseas are not covered by the TAC, but other claims may be available through travel insurance, motor insurers, or compensation schemes in the country where the accident occurred. We can advise on your options.

Yes. Statutory TAC benefits include funeral expenses, dependant allowances for spouses and children, and counselling for close family. Where the car accident was caused by another driver’s negligence, a separate dependency car accident claim for common law damages may also be available, covering the loss of financial support and services the deceased provided.

A low impairment assessment is not the end of the matter. The result can be challenged with fresh medical evidence, a second assessment, or escalation through VCAT. Our TAC lawyers regularly overturn under-assessments. And even where statutory impairment falls short, the narrative pathway to a serious injury certificate may still open a common law claim.