Road accidents

Where you are injured as a driver in a single vehicle accident, you are likely to be covered by TAC for benefits including payment of medical expenses, loss of wages and a lump sum payment for your permanent impairment.

You are unlikely to be entitled to compensation for pain and suffering and long-term loss of earning capacity unless you can prove that the accident was caused by or contributed to by another party.

Even if you are injured by a motor vehicle on private property, such as a driveway, a farm or shopping centre carpark, you are likely to be entitled to TAC benefits.

TAC insurance is paid for as part of VicRoads registration fees. So, whenever you register a vehicle, some of that registration fee goes to the TAC.

Importantly, TAC compensation is not just for people who own registered vehicles. TAC benefits can be paid to anyone involved in a motor vehicle accident in Victoria and in some circumstances, outside Victoria too.

For example, if you are involved in an accident with a Victorian registered vehicle in NSW, you would be entitled to make a TAC claim.

If you were injured by or while driving an unregistered motor vehicle at the time of the accident, you can still be covered by TAC as long as the vehicle was capable of being registered with VicRoads.

For example:

• A tractor on a farm hits you and causes injury. As long as the tractor is capable of being registered, you will be entitled to TAC benefits.
  You are injured in an accident involving a motor vehicle whose registration has recently lapsed or expired.

If you are injured by a motor vehicle accident in a driveway, you can also make a TAC claim.

If you were a victim of a hit and run in Victoria, you will still be entitled to TAC benefits.

Similarly, if you are injured in another state by a Victorian registered motor vehicle, you will be able to make a claim for TAC benefits, and you can still receive compensation for your pain and suffering and economic loss.

It is very important to get legal advice about your TAC claim, even if you don’t think you need to.

The TAC will generally pay some benefits, including basic medical treatment such as GP consultations and medications along with loss of income benefits. But they won’t voluntarily offer to pay you everything you’re entitled to unless you know what your entitlements are.

Having a lawyer who specialises in TAC claims will ensure that you understand and maximise your entitlements and benefits and means that you know you will get the compensation you deserve.

Polaris acts on a “No Win No Fee” basis, meaning that you don’t pay for our fees until you win your claim for compensation.

When you receive TAC compensation, the TAC will be required to pay for some of your costs.

Just like a doctor that does not bulk bill, you will be asked to pay the gap between the total costs and what the insurer does not pay.

Polaris makes sure that the costs you pay are capped, so that you know you’ll keep the majority of your compensation. Not every law firm does this.

The costs you pay when you win are not a percentage of your compensation. Instead, costs are calculated based on the work that Polaris has done, and the portion of those costs which has been paid by the TAC.

Want to know more?

Send us an email and we’ll give you a copy of a cost agreement so you can see for yourself.  Also, see the examples provided below.

Example 1

• You win your case by settlement with the TAC after documents are lodged with the TAC but without the need to lodge court documents.

• You receive $250,000 in compensation.

• The total costs (including disbursements) are $60,000.

• The TAC pays $40,000 of your total costs.

• There is $20,000 in shortfall costs.

• Your costs for this milestone were capped at $30,000

• Because the shortfall costs are less than the cap, you pay only $20,000 in costs from your compensation.

Example 2

• You win your case by settlement with the TAC at a mediation and you receive $300,000 in compensation.

• The total costs (including disbursements) are $75,000.

• The TAC pays $35,000 of your total costs.

• There is $40,000 in shortfall costs.

• Your outstanding costs are $40,000

• Your shortfall costs were capped at $30,000

• You only pay the capped amount of $30,000, rather than the shortfall of $40,000

Once your TAC claim is lodged and accepted, you can be eligible to receive medical benefits and loss of income payments very quickly.

Once you’ve lodged your claim with the TAC, they have 21 days to accept, reject or request for more information from you to help them make a decision.

If your claim is accepted, you will be entitled to medical and like payments straight away.

If your accident occurred on or after 14 February 2018, you’re no longer required to pay a medical excess. You need to make sure that your treating doctors and pharmacy are billing directly to TAC, rather than billing you.

If you are unable to go back to work as a result of your accident injuries, TAC can begin paying you for your loss of income once you provide them with the financial information that they need.

If TAC makes a decision that you believe is incorrect, you have 12 months from the date of the TAC’s decision to dispute it.

For example, the TAC makes a decision to stop paying for your physiotherapy but your physiotherapist believes you will require ongoing physiotherapy to treat your accident injury.

If you’re unhappy with a decision from TAC, you should seek advice from a lawyer experienced in TAC claims.

If this happens, we can help you dispute this decision. To do this, we investigate and analyse the medical material in your case, provide TAC with reasons as to why they should accept the treatment request, and take the steps needed to challenge the decision.

We can organise a free consult and send you information about our process for disputing TAC decisions and how we can help get you get the TAC benefits and compensation you deserve.

A person who suffers serious permanent injuries as a result of the negligence of another road user can be entitled to compensation for pain and suffering and damages for economic loss, in addition to any benefits they receive under the TAC “no fault scheme”. The maximum payable for pain and suffering compensation in a TAC claim was 663,580 as at 1 July 2024. While every injured person’s circumstances and injuries are different, TAC claims for compensation commonly resolve for $300,000 or more.

Example:  In August 2018, a 27 year old suffered extensive pelvic, neck hand and shoulder injuries when she was driving a car hit by another  vehicle running a red light. She accessed TAC benefits including medical and like expenses, wage support, and a lump sum impairment benefit. In addition, Polaris helped her to secure $225,000 for her pain and suffering and $250,000 for her economic loss. Her entitlement to medical and like expenses paid by the TAC was not impacted by the settlement. Find out more here.