TAC Lawyers - why do I need one?

Do you need a TAC lawyer for your road-related injury?

Our TAC lawyers are experienced and compassionate professionals who understand that when you’ve been injured in a road accident, life can get turned upside down. We know that your health is the number one priority, and no one wants to be dealing with complex legal issues when they’re trying to recover.

We’re here to help you through this challenging time by obtaining compensation from the Transport Accident Commission (TAC).  We’ll talk straight with you about your claim and answer any questions you have about the process along the way.

The TAC will pay compensation to road users who are injured while travelling in a car, train, tram, bus or as a cyclist, motorcyclist or a pedestrian. The TAC also pays compensation if someone dies as a result of a road accident.

Your TAC lawyer can help explain compensation for:

  • Medical and related expenses
  • Loss of income
  • Lump sum impairment
  • Pain and suffering damages
  • Loss of wages
  • A death or dependency claim.

Some compensation under the TAC scheme can be accessed on a no-fault basis, so it doesn’t matter who caused or contributed to your injury.

Road users have a duty of care to each other. If they are breached, and you have sustained a serious injury, you may be entitled to pursue compensation for your pain and suffering, and loss of income.

Medical and related expenses may include things like:

  • Medical services
  • Hospital services
  • Rehabilitation services
  • Ambulance services
  • Nursing services
  • Physiotherapy, chiropractic, osteopathy treatment
  • Medication
  • Equipment
  • Psychological/psychiatric services
  • Counselling
  • Household/home help services such as cleaning and gardening
  • Accommodation support
  • Travel expenses and
  • Funeral expenses.

What to do if you think you have a claim:

  1. Report the accident to the police or public transport operator
  2. Obtain the details of the other driver
  3. Obtain the details of any witnesses
  4. Take photographs of the damage to all vehicles involved in the accident on your smart phone
  5. Take photographs on your smartphone of your location, the resting position of all vehicles involved in the accident and your surrounds
  6. Contact the TAC to lodge a claim for any injuries you have sustained in the accident
  7. Make a free appointment with one of our TAC lawyers so you get expert advice on what your entitlements are – obligation free.

For us every case is personal.

Your TAC lawyer will help you with advice regarding your rights and entitlements. We will prepare your case, you will be kept up to date on the progress of your claim and we will secure you the best possible compensation as quickly as possible.

What if you have lost income?

If you can’t work as a result of the injuries you suffered in an accident, you may be entitled to loss of income payments from the TAC. It is worth noting the TAC does not pay for the first 5 days you are off work. You should claim personal leave for this period. After the first 5 days, they pay 80% of your pre injury earnings, capped at a maximum amount.

Loss of income payments are usually paid for the first 18 months to a wage earner, if you are unable to work as a result of the injuries from an accident. After this, you may be eligible for further loss of earning capacity benefits.

To claim loss of income benefits, you will need a TAC Certificate of Capacity from your doctor.

In deciding whether you are entitled to loss of income payments, the TAC will generally look at your employment history and income over the last two years.

Other common types of claims include:

  • Lump Sum Impairment Claim
  • Common Law/Negligence Claim
  • Death/Dependency Claims.

Time limits on claims in Victoria:

  • The law requires you to lodge a claim strictly within 12 months from the date of your accident.
  • If your claim is lodged outside the 12-month period, the TAC has a discretion to consider your claim if it is lodged within 3 years.
  • To pursue a lump sum claim for an impairment benefit, you only have 6 years from the date of your accident.
  • To pursue a lump sum claim for a Common Law claim you only have 6 years from the date of your accident.
  • If you receive an adverse decision from the TAC that you do not agree with you have 12 months to appeal the decision.
  • Examples of an adverse decision include, the denial of your claim, denial or cessation of your entitlements to medical and related expenses or income benefits, the rate or frequency of payments and the level of impairment determined.

Get in touch with us today on 1300 58 46 26.

If you want more information on the TAC visit: www.tac.vic.gov.au