TAC – Who Can Claim?
People injured in motor vehicle accidents on Victorian roads are entitled to lodge a claim for compensation with the Transport Accident Commission. This is known as a TAC claim.
You’re entitled to lodge a claim for TAC benefits if your road accident was caused by or involved:
- You were injured on private property?
- You were a pedestrian or cyclist?
- Your car was unregistered?
- The negligent driver can’t be found?
If you are a pedestrian injured in an accident caused by any of the above, you can also lodge a claim.
If someone dies as a result of a road accident in Victoria, a claim can be lodged by dependents of that person.
The majority of TAC claims are for injuries sustained as a result of a car accident.
You can lodge a claim for compensation if you sustained injuries either as the driver or passenger of a car involved in a road accident.
If you were injured by or whilst driving a motor vehicle which was unregistered 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.
- Electric scooters and similar devices are unlikely to be capable of being registered for VicRoads purposes.
- A tractor on a farm hits into you and causes injury. As long as the tractor is capable of being registered, you will be entitled to TAC benefits.
If you are injured by a motor vehicle accident in a private driveway, you can also make a TAC claim. You may also be able to make a claim if the injury takes place on private land, for example a paddock, depending on the circumstances.
Both riders and pillion passengers who sustain injuries as a result of a road accident, are entitled to lodge a claim for TAC compensation.
Truck transport across Victoria is on the rise. Even with increased safety mechanisms introduced into the trucking industry, we continue to see significant road accidents involving trucks.
Trucks are registered vehicles and therefore, any person injured in a road accident involving a truck, either the driver or passengers (or pedestrians), is entitled to lodge a claim for compensation.
The law can be different for people who are injured in a motor vehicle accident while they are in the course of their employment. Because the law in this area is complex, you should get legal advice about your entitlements immediately.
Find out about what benefits you are entitled to if injured in a truck accident in Victoria.
If you were a cyclist and you were involved in a collision with a motor vehicle you will be entitled to TAC coverage.
There are also situations where there is not a direct collision however you may still be covered under the TAC scheme. For example, if you are injured as a result of a motor vehicle door opening onto you or if a motor vehicle crashes into you, you can make a claim with the TAC. If you swerve your bicycle to avoid a motor vehicle and are injured as a result of the accident, you will be covered by the TAC.
Since 9 July 2014, any cyclist injured in a collision with stationary vehicles can also lodge a TAC claim to access benefits and compensation.
If you are injured as a result of the driving or operation of a tram or train, you’re covered by the TAC.
For example, when you’re getting off a train and become trapped in the doors, you will be entitled to TAC benefits.
Likewise, if you are on a tram which stops violently to avoid a car on the tracks and you fall and injure yourself, you can lodge a TAC claim.
Pedestrians who are injured as a result of a motor vehicle accident are entitled to TAC benefits.
Pedestrians can receive TAC benefits and compensation even where:
1. the accident involved a “near miss” – for example, if you have fallen over when trying to avoid a collision with a motor vehicle;
2. the collision occurred in a car park;
3. you had consumed alcohol;
4. you were on a footpath; and/or
5. you were on private property.
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.
Polaris Lawyers are award-winning personal injury lawyers.
We offer an obligation and cost-free consultation to discuss your options in relation to TAC claims.
Contact us today to start the process of getting the compensation you deserve.
Not sure if you’re eligible to claim TAC benefits?
At Polaris, we’ve designed a free and simple online tool to assist you in determining if you’re eligible to claim compensation after your motor vehicle accident.
It doesn’t take long and it’s free to use, so there’s nothing to lose.
Click on the ‘Get Started Now’ button in the banner below.
If you have been injured in a road or motor vehicle accident; you are likely to be entitled to a range of benefits including:
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