Transport Accident Commission · Victoria · No-fault scheme
TAC claim Victoria: eligibility, benefits and time limits
The Transport Accident Commission (TAC) is Victoria’s no-fault transport accident insurer. If you were injured in a transport accident, you almost certainly have a claim, regardless of who caused it. This page explains what you can claim, the time limits that apply, and the additional rights available for serious injury.
★Key takeaways
- ✓The TAC is Victoria’s no-fault transport accident insurer. Anyone injured in a transport accident in Victoria can claim, regardless of fault.
- ✓Time limit: one year from the accident to lodge a TAC benefits claim. Six years for common-law damages (serious injury claims).
- ✓Benefits cover medical, hospital and rehabilitation expenses; income support; a lump sum for permanent impairment; travel and home help; and common-law damages for "serious injury".
- ✓Common-law access requires either 10% or greater whole-person impairment (AMA Guides 4th edition) or satisfaction of the narrative test, plus a Serious Injury Certificate or court order.
- ✓This page is general information, not legal advice. Speak with a Victorian-admitted lawyer before relying on any specific figure or threshold.
Eligibility
Who can claim under the TAC scheme
Where the accident occurred
Anyone injured in a transport accident that occurred in Victoria, regardless of state of residence. Plus Victorian residents injured in transport accidents anywhere in Australia, subject to interstate rules.
Who is covered
Drivers, passengers, motorcyclists, pillion passengers, pedestrians and cyclists. No-fault scheme: who caused the accident does not affect your entitlement to statutory benefits.
Definition of "transport accident"
An incident directly caused by the driving of a motor vehicle, railway train or tram. Includes accidents while loading or unloading, where the vehicle is the direct cause of injury.
Funded by
The TAC charge included in every Victorian vehicle registration. Operated under the Transport Accident Act 1986 (Vic) and overseen by the Victorian Government.
Time limits
When you must lodge
Statutory benefits
1 year
from the date of accident. TAC has limited discretion to accept claims up to 3 years late.
Serious injury common law
6 years
to commence proceedings. Serious Injury Certificate is usually obtained well before this date.
Impairment lump sum
18 months+
after the accident before impairment assessments are usually conducted (to allow stabilisation).
Benefits
What you can claim under the TAC
- Reasonable medical, hospital and rehabilitation expenses. Hospital admissions, surgery, rehab, physiotherapy, occupational therapy, psychology, dental, prosthetics and home modifications where reasonable.
- Income support (loss of earnings). Paid for at least 18 months from the date of accident, longer where ongoing incapacity is accepted. Calculated as 80% of pre-accident weekly earnings, subject to caps.
- Lump sum for permanent impairment. A no-fault statutory payment, assessed under the AMA Guides 4th edition, payable once injuries have stabilised (usually 18+ months post-accident).
- Common-law damages for "serious injury". Pain and suffering plus economic loss damages where the worker satisfies the 10% WPI threshold or the narrative test, and obtains a Serious Injury Certificate or court order under s93.
- Travel and home help. Travel to medical appointments, attendant care at home, child care assistance and modifications to home or vehicle.
- Death benefits. Dependants of a person killed in a transport accident can claim funeral expenses, dependency payments, counselling and a lump sum.
Serious injury threshold
When common-law damages become available
Common-law damages are not automatic – they are only available where the injury satisfies the s93 "serious injury" definition. The injured person must satisfy either of two pathways and obtain a Serious Injury Certificate from the TAC, or a court order, before proceedings can be commenced.
Pathway 1 – Impairment
10% or greater whole-person impairment, assessed under the AMA Guides 4th edition by a TAC-approved medical assessor.
Pathway 2 – Narrative test
Permanent serious physical injury, permanent serious psychiatric injury, permanent serious disfigurement, or permanent loss of a foetus.
If the TAC refuses a Serious Injury Certificate, the injured person can apply to the County Court for a court order under s93. The court applies the same legislative test. Most certificate applications are run with legal representation.
How to lodge
Lodgement and next steps
- Get medical treatment immediately. Note the date, location and circumstances of the accident.
- Report the accident to Victoria Police (mandatory for any accident causing injury).
- Lodge a TAC claim online at tac.vic.gov.au or by phone (1300 654 329). The TAC will issue a claim number.
- Provide a Certificate of Capacity from your treating GP. This supports any loss-of-earnings claim.
- Submit medical receipts as you incur expenses. The TAC reimburses reasonable accounts.
- If the injury looks serious or you anticipate ongoing income loss, speak with a Victorian personal injury lawyer about the impairment and common-law processes.
If your claim is disputed, denied, or income support is terminated, you have appeal rights – generally an internal TAC review first, then VCAT or the County Court. Legal advice is strongly recommended at the dispute stage.
Important
General information, not legal advice
This page is general information about the TAC scheme. Benefit rates, weekly payment caps and impairment tables are indexed and amended over time. Cross-check current rates with the TAC at tac.vic.gov.au before relying on any figure. Compensation depends on the specific facts of your case; speak with a Victorian-admitted lawyer for advice. See our disclaimer for the full notice.
Common questions
TAC claim – common questions
Who is eligible for a TAC claim?
You can lodge a TAC claim if you were injured in a transport accident that occurred in Victoria, OR if you are a Victorian resident injured in a transport accident anywhere in Australia (subject to the TAC’s interstate rules under the Transport Accident Act 1986). Drivers, passengers, motorcyclists, pillion passengers, pedestrians and cyclists are all covered. The scheme is no-fault, so you can claim regardless of who caused the accident.
How long do I have to lodge a TAC claim?
You must lodge a claim for TAC benefits within one year of the accident. The TAC has discretion to accept claims lodged up to three years late where there is a reasonable explanation. For common-law damages (serious injury claims), proceedings must commence within six years of the accident – though the serious injury certificate process and impairment assessments are usually run well before that limit.
How do I prove a "serious injury" for common-law damages?
You must satisfy either the impairment threshold (10% or greater whole-person impairment under the American Medical Association Guides, 4th edition) OR the narrative test – that the injury is serious as defined under s93 of the Transport Accident Act. Serious injury can be a permanent serious physical injury, permanent serious psychiatric injury, permanent serious disfigurement, or permanent loss of a foetus. The TAC must issue a Serious Injury Certificate, or you must obtain a court order, before commencing common-law proceedings.
What can I claim under TAC?
Reasonable medical, hospital and rehabilitation expenses; income support (loss of earnings) for at least 18 months and longer where ongoing incapacity is accepted; a lump sum for permanent impairment (calculated under the impairment tables); travel and home help expenses; and, for those who meet the serious injury threshold, common-law damages for pain and suffering and economic loss. Death benefits are also available to dependants.
Do I need a lawyer to lodge a TAC claim?
You can lodge the initial claim yourself, online or by phone. Many people do. A lawyer becomes important when the claim is disputed, when an impairment assessment is borderline, when common-law damages are in play, or when an income-support entitlement is being reviewed or terminated. Most personal injury firms offer no-win-no-fee terms; ask the firm for a written costs disclosure before signing anything.
What if the accident happened more than three years ago?
The TAC has a statutory discretion to accept late claims, but the longer the delay, the harder it is to satisfy the TAC that the claim should be accepted. If you are outside the one-year deadline, lodge as soon as possible with a full written explanation and supporting medical evidence. A lawyer can help frame the late-claim application.