Top tips for lodging claims with TAC

18/03/2019

The team at Gordon Legal are here to help. We have assembled some top tips for lodging claims with TAC to help you understand your rights and entitlements if you have been injured in a motor vehicle, bus, train, or tram or as a pedestrian.

Lodging your claim with the Transport Accident Commission (TAC)

The Transport Accident Commission or TAC is the government body responsible for managing injury claims from people who have sustained an injury as a result of a motor car, motorcycle, bus, train, tram or pedestrian accident. They exist to help mitigate the trauma and associated costs of managing your accident by paying for your treatment and subsequent support services.

If you have sustained an injury due to a transport accident then you may be entitled to receive help and support from the TAC to get you back on your feet again.

How to lodge your TAC claim

You have 12 months from the date of the transport incident in which you sustained your injury to lodge your TAC claim. This can be done via their website at www.tac.vic.gov.au or by contacting them directly on 1300 654 329, which incurs local call costs, or on 1800 332 556, which is a toll free number for anyone outside the Melbourne metropolitan area.

There are a couple of exceptions to the time limit applied to TAC claims but it is always best to lodge it within 12 months of the incident. You may apply to lodge your claim within 3 years of the accident but it may not be accepted. Any claim lodged relating to an accident over 3 years ago will not be accepted. However, if you were a child at the time of the incident then may you have up until you turn 21 to make your claim, regardless of how long ago it occurred.

What should your claim contain?

The following information should be noted at the time of the incident.

  • Details of all drivers involved in the accident.
  • Details of any witnesses who saw your accident occur
  • Photographs of the damage sustained to vehicles involved in the accident (a smartphone is a great, quick way to get a record of these at the time of the incident)
  • Details of any medical treatment you have received as a result of the accident

Obviously, depending on your type of injury or what has occurred, you may not be able to obtain all or any of this information, but the more you have, the more detailed your TAC claim will be.

If you have been involved in a motor vehicle accident then the accident should be reported to Victoria Police.  We recommend you obtain the Police Report number from the station you have reported your accident to.

What are you entitled to from the TAC?

If you were admitted to hospital as a result of your motor vehicle accident, or if your accident has occurred after 14th of February 2018, the TAC will cover you reasonable medical and related expenses immediately. If you were not admitted to hospital, or if your accident has occurred prior to 14th of February 2018, then your expenses will need to reach a threshold called the medical excess to qualify for reimbursement or coverage.

All reasonable medical and related services are covered by the TAC and these include hospital and emergency services fees, counselling, doctors fees, physiotherapy and even travel expenses. Reimbursement claims must be presented with receipts and invoices within 2 years of the treatment you have sought.

You may also be entitled to benefits for loss of earnings which can include loss of earnings, medical expense coverage and a lump sum payment.

To be entitled to loss of earning payments from the TAC you must provide a Certificate of Capacity. This certificate is obtained by your doctor or treatment provider. The TAC does not pay for the first 5 days you are off work.

For more information enquire online or call us today on 1800 21 22 23.