Filing a Transport Accident Commission (TAC) claim in Victoria requires careful timing and attention to detail. Whether you’ve been involved in a road accident as a driver, passenger, cyclist, or pedestrian, understanding when and how to lodge your claim can significantly impact the benefits you receive. National Compensation Lawyers regularly assist injured road users, family members, and legal representatives with navigating the TAC claim process effectively.

Key Takeaways

  • TAC claims in Victoria should ideally be lodged within 12 months of an accident
  • Early notification to TAC (within days of the accident) can streamline your claim
  • Different time limits apply for common law claims and no-fault benefits
  • Supporting documentation is essential for a successful TAC claim
  • Legal assistance may be beneficial for complex or disputed claims

What is a TAC claim?

Definition and purpose

A TAC claim is a formal application for benefits through Victoria’s Transport Accident Commission, the state’s statutory insurer for transport accidents. The TAC provides compensation to people injured in transport accidents, regardless of who was at fault. This coverage extends to motor vehicle collisions, motorcycle accidents, and incidents involving cyclists, pedestrians, and public transport users on Victorian roads.

No-fault approach and key exclusions

The TAC operates on a ‘no-fault’ basis, meaning you can receive benefits even if you caused the accident. However, certain situations may limit or exclude your eligibility for benefits, including serious criminal conduct, deliberate self-harm, and some drink-driving offences. It’s always best to check the specific details of your situation directly with TAC or a legal professional.

When do you need to lodge a TAC claim?

Difference between immediate notification and formal lodgement

After an accident, your priorities should be seeking medical care, recording details of the incident, and reporting to police if required (generally for accidents causing injury or property damage over $1,000). Early contact with TAC is highly recommended, even before formal lodgement, as it helps establish your case and can expedite access to initial benefits.

Typical timing categories

The TAC claim process involves several key timing elements:

  • Initial notification: Ideally within days of the accident
  • Formal claim submission: Should be lodged within 12 months of the accident
  • Common law claims: Must be initiated within 6 years (though exceptions exist)

How timeframes affect access to benefits

Delays in lodging can have serious consequences. Late claims (beyond 12 months) require reasonable explanation and may face greater scrutiny. Missing documentation or late evidence can postpone benefit payments and complicate your recovery journey.

“Time is a critical factor in TAC claims. Early lodgement not only secures your legal rights but often results in faster access to medical and financial support when you need it most.” – National Compensation Lawyers

Who can lodge a claim in Victoria?

Eligible claimants

The person injured in the transport accident typically lodges the claim. However, parents or guardians can lodge claims for children under 18, and administrators or next of kin can lodge claims for deceased persons.

Claiming on behalf of others

When lodging a claim for someone else, you’ll need proper authority or documentation. This might include guardianship papers, letters of administration, or power of attorney documents, depending on the circumstances.

Evidence and documents needed when lodging

Medical records and treatment statements

Comprehensive medical documentation forms the backbone of a successful TAC claim. Collect all medical notes, treatment plans, and certificates from healthcare providers who have treated your accident-related injuries.

Police and incident reports

Police reports are mandatory for accidents involving injury or significant property damage. Even for minor accidents, an official record of the incident strengthens your claim.

Witness statements and photos

Gather contact details from witnesses at the scene and take photos of the accident site, vehicle damage, and visible injuries. This evidence can be invaluable if questions arise about how the accident occurred.

Income and employment records

If you’re claiming loss of earnings or weekly payments, you’ll need pay slips, tax returns, or a letter from your employer confirming your work arrangements and salary details.

How to lodge a TAC claim: step-by-step

Contacting TAC

You can initiate a claim by calling TAC’s claims team (1300 654 329), completing an online form, or sometimes through your treating hospital or healthcare provider.

Completing claim forms

The main claim form requires personal details, accident information, injury description, employment information, and witness details. Complete all sections accurately to avoid processing delays.

Submitting supporting documentation

Submit all relevant documentation with your initial claim. Be prepared for TAC to request additional information as your claim progresses, and respond promptly to these requests.

While many straightforward TAC claims can be handled independently, legal assistance may be valuable for complex cases, serious injuries, disputed liability, or when pursuing common law damages.

Benefits and payments available from TAC

Immediate medical and hospital costs

TAC covers reasonable medical expenses related to your accident injuries, including ambulance services, hospital care, doctor visits, and necessary treatments.

Weekly payments and return-to-work support

If you’re unable to work due to your injuries, TAC provides income support and return-to-work assistance to help you recover and resume employment when possible.

Rehabilitation and support services

TAC can fund rehabilitation services, home modifications, transport assistance, and other support services to aid your recovery and improve quality of life after an accident.

Lump sum benefits

For more serious injuries, you may be eligible for lump sum compensation through impairment benefits or common law claims if someone else was at fault for your accident.

Practical timeline checklist

0-24 hours: Seek medical care, record incident details, report to police if required

24-72 hours: Contact TAC to notify them of the accident and discuss next steps

1-14 days: Gather medical records, witness details, photos, and begin claim paperwork

Ongoing: Keep all treatment receipts, appointment records, and maintain a communication log

Frequently asked questions

Can I lodge a TAC claim if I caused the crash?

Yes. TAC operates on a no-fault basis, meaning you can receive benefits regardless of who caused the accident (though some exceptions apply for serious offences).

How long before TAC decides on a claim?

TAC typically makes an initial decision within 21 days of receiving a completed claim form with all supporting documentation.

Do I need a lawyer to lodge a TAC claim?

No, you can lodge a TAC claim yourself. However, legal advice can be helpful for complex cases, serious injuries, or if you’re considering a common law claim.

What if TAC refuses to accept the claim?

If your claim is rejected, you can request a review of the decision by TAC. If still unsatisfied, you can appeal to the Victorian Civil and Administrative Tribunal (VCAT).

Conclusion

Timing is critical when lodging a TAC claim in Victoria. For the best outcome, notify TAC as soon as possible after your accident and submit your formal claim within 12 months. Keep thorough records of all medical treatments, expenses, and communications related to your claim. If your case involves serious injuries or complicated circumstances, consider seeking professional advice. National Compensation Lawyers can provide the guidance you need to navigate the TAC claims process successfully and secure the compensation you deserve.