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TAC Claims in Victoria: Who is eligible and how compensation works

A car accident can be traumatic and overwhelming. You may need urgent medical treatment, time off work, and financial support while you recover. Understanding your options for support after an accident can help reduce some of that uncertainty.

 

This March 2026 guide explains how TAC claims in Victoria work, who is eligible to claim, and what TAC compensation or lump sum payments may be available. We also provide clear, practical guidance on when a TAC claim may require legal advice, particularly if your injuries are serious, your treatment is disputed, or your benefits are limited.

What is a TAC claim?

A TAC traffic accident claim is a request for compensation from the Transport Accident Commission (TAC) if you’re injured in a transport accident in Victoria. TAC compensation can help cover medical treatment, rehabilitation, and lost income related to your injuries. It does not cover vehicle repairs or other property damage.

 

While many traffic accident claims are straightforward, some can be complex, and a TAC accident lawyer may be needed if medical treatment, rehabilitation, or compensation is disputed.

How does TAC work after an accident?

After an accident, you need to lodge a claim with TAC and provide details about the incident and your injuries. Your TAC compensation claim is then assessed to determine eligibility for medical treatment, rehabilitation, and certain loss of income. They work closely with healthcare providers and insurers to support your recovery.

Who can make a TAC claim?

After an accident, you need to lodge a claim with TAC and provide details about the incident and your injuries. Your TAC compensation claim is then assessed to determine eligibility for medical treatment, rehabilitation, and certain loss of income. They work closely with healthcare providers and insurers to support your recovery.

You can make a TAC injury claim if:

  • You were injured in a TAC crash involving a motor vehicle, motorcycle, bus, train, or tram
  • You were injured as a pedestrian or cyclist in an accident involving a motor vehicle
  • Someone died as a result of the accident
  • You are a cyclist who collided with a stationary motor vehicle.

 

The TAC is a ‘no-fault’ scheme. If you’re injured in a transport accident in Victoria, you can claim, even if you were at fault.

Interstate accidents involving Victorian-registered vehicles

If your accident occurred outside Victoria but involved a Victorian-registered vehicle, you may still be able to lodge a TAC claim in Victoria.

Find out how much you can claim today

How does the TAC no-fault scheme work?

Unlike other states that operate under CTP insurance schemes, Victoria uses the TAC no-fault system. This means you can access medical and income support benefits through a TAC insurance claim, even if you caused the accident. 


However, if you pursue additional compensation through a common law claim, you will usually need to prove another person’s negligence. Issues such as contributory negligence may affect the amount of TAC compensation awarded.

The TAC claim process: Step-by-step

The steps you take immediately after a transport accident can affect both your recovery and your TAC compensation claim. Acting early helps protect your health, preserves evidence, and ensures you meet important deadlines.

1. Seek medical treatment straight away

Your health comes first. Seek medical attention as soon as possible, even if your injuries seem minor at first. Some injuries take time to appear.
Make sure your injuries are properly recorded in medical notes, hospital records, or by obtaining a Certificate of Capacity from your GP if you need time off work. Early medical documentation is critical for a TAC claim.
2. Report the accident  If police did not attend the scene, you must report the accident before lodging your TAC claim.
If the accident involved public transport (such as a tram, train or bus), report it to the relevant operator as soon as possible.

3. Exchange details at the scene

If you are able to, collect:

  • Names and contact details of all drivers involved
  • Vehicle registration numbers
  • Contact details of any witnesses.

This information can be important if fault is later disputed.

4. Keep records and gather evidence

Once you have received medical treatment, start keeping copies of:

  • Medical reports and certificates
  • Receipts for treatment, medication and travel expenses
  • Photos of the accident scene and vehicle damage
  • Any correspondence about the accident.

Organised records make the claims process much smoother.

5. Lodge your TAC claim

You can lodge your claim online, by phone, or with assistance from hospital staff if you were admitted.
In most cases, a TAC claim must be lodged within 12 months of the accident, or within 12 months of when your injury first becomes apparent.
When lodging your claim, you will need details of the accident, medical documentation, and income information if you are claiming loss of earnings.

Expert tip

Regular check-ups help both your recovery and your TAC claim. Document all symptoms, including mental health issues like anxiety or sleep problems, to create a clear record of how the accident affects your daily life and ability to work.

What traffic accident compensation does TAC cover?

The support available through the TAC depends on your circumstances and can include:

  • Medical and treatment expenses, including ambulance costs
  • Services to aid recovery
  • Replacement or repair of damaged glasses or dentures
  • Income support payments if you cannot work due to your injuries
  • Return to work support for you and your employer 
  • Lump sum impairment payments, if eligible
  • The application fee for a Medical Treatment visa, if needed.

 

However, the TAC does not cover:

  • Damage to vehicles, including towing or storage costs
  • Damage to non-medical personal items, including clothes or mobile phones.

Legal insight

TAC accident compensation claims can be more complex than they first appear. While some costs and treatments are straightforward, other entitlements—such as income support, lump-sum impairment payments, or common law compensation—often require detailed evidence and careful documentation. A lawyer experienced in TAC claims can help ensure all relevant expenses and impacts of your injuries are properly captured, increasing the likelihood of a fair and timely outcome.

Can you claim additional compensation for serious injury?

In certain cases, you may be able to bring a motor vehicle accident claim (common law claim) for greater TAC compensation.

Serious injury threshold

To pursue a common law claim under the Transport Accident Act 1986 (VIC), your injury must meet the serious injury threshold. This is assessed in a broader way than a single impairment percentage and may include:

  • A permanent whole person impairment of 30% or more
  • Serious long-term impairment or loss of a body function
  • Serious permanent disfigurement
  • Severe mental or behavioural disturbance
  • A significant impact on your ability to work, carry out daily activities, or live independently (narrative test).

 

Meeting the threshold depends on both medical evidence and how the injury affects your overall life and functioning.

Types of damages

Pain and suffering damages

If the threshold is met, you may be entitled to claim compensation for pain and suffering for your injuries. The maximum amount for pain and suffering compensation is $577,050, indexed annually, and may form part of a broader TAC settlement

Economic loss damages

You may also be able to claim damages for past and future loss of earnings if your injuries affect your ability to work as part of a traffic accident compensation claim.

Care and support and related expenses

In addition to the above, compensation may also include attendant care, home modifications, and travel expenses where required as a result of your injuries.

Requirement to prove negligence

Unlike standard TAC benefits, a common law claim requires you to prove that another person’s negligence caused your injuries, which is where fault becomes relevant. This may include hit-and-run accidents where the at-fault driver cannot be identified.

Key takeaway

TAC benefits provide no-fault support for medical expenses, treatment, and income replacement, but they have limits. Common law claims, on the other hand, allow you to seek additional compensation for serious injuries, including pain and suffering, brain injury, back and spinal injuries or lost earnings, if you can prove another party was at fault. Understanding the difference early can help you preserve evidence and make informed decisions about your TAC compensation claim.

How long do TAC claims take?

The time it takes to resolve a TAC claim or receive TAC payouts depends on the type of benefits and the complexity of your injuries.

 

No-fault benefits

Standard no-fault benefits, such as medical treatment and income support, are usually assessed within weeks of lodging your claim.


Once approved, payments for treatment or income support typically begin shortly after.

Serious injury and motor vehicle accident claims

Serious injury or common law claims take longer. These claims require medical evidence, proof of negligence, and negotiations with the TAC, and some may proceed to court as part of a broader TAC settlement.


Timeframes vary depending on the severity of injuries, the need for additional medical assessments, and whether liability is disputed. Most claims are resolved within 12 to 18 months, but more complex cases can take longer. Seeking early legal advice can help ensure your claim progresses efficiently and avoid unnecessary delays.

Get a free claim check

Is there a time limit to lodge a TAC claim?

Yes, there are time limits for filing TAC injury claims:

  • You should report the accident to the police as soon as possible if they did not attend the scene. In many cases, this should be done within 28 days.
  • You should lodge your TAC claim within 12 months of the accident or when your injury first becomes apparent.
  • For impairment benefits, you generally have six years from the date of injury to make a claim.
  • For common law claims, you typically have six years from the date of injury, but this can be extended in certain circumstances.

 

Strict time limits apply, and exceptions are limited. Acting early can help protect your rights.

What if your TAC claim is rejected or delayed?

If your claim is rejected, you can request a review of the decision. The TAC has an internal review process, and in some cases, disputes can be referred to the Victorian Civil and Administrative Tribunal (VCAT) as part of a disputed TAC compensation claim.

If your claim is delayed, you can contact the TAC for an update or to clarify what information they need.

Seeking legal advice from our local offices in Geelong or Melbourne can help you understand your review rights and whether a decision can be challenged.

Next steps with GMP Law

At GMP Law, we offer No Win, No Fee representation, so you won’t pay legal fees unless your claim is successful. If you believe you’ve been affected by medical negligence, acting early can make a real difference.

Here’s how to get started:

Book a free consultation:

Reach out to schedule your no-obligation consultation with one of our experienced personal injury lawyer.

Tell us your story:

Share your experience, including symptoms, treatment, and outcomes. We’ll listen carefully and help assess whether you have a viable claim.

We review your case:

Our legal team will access and analyse your medical records, seek expert opinions, and explain your legal options.

Proceed with confidence:

If we take on your case, it will be on a No Win, No Fee basis, ensuring peace of mind as we advocate for your rights.

Frequently Asked Questions about TAC claims

  • What is the average TAC payout?

    There is no fixed “average” TAC payout, as amounts vary depending on the severity of your injuries, whether you qualify for impairment benefits, and whether you are eligible to pursue a common law claim. Medical treatment and income support payments are assessed individually.

     

    For context, pain and suffering compensation for serious injuries is indexed at more than $500,000. In the case of a young person involved in a serious motor vehicle accident who is unable to work, total TAC compensation, including medical, income support, and common law damages, could approach $1 million.

  • Can I claim if I was partly at fault?

    Yes. The TAC operates as a no-fault scheme, which means you can access medical and income support benefits even if you were partly or fully responsible for the accident. However, if you pursue a common law claim, contributory negligence may reduce the amount of compensation awarded.

  • Can I make a TAC claim if the other driver was uninsured?

    Yes. Because the TAC is a statutory, no-fault scheme, your eligibility does not depend on whether the other driver was insured. If you were injured in a transport accident involving a Victorian-registered vehicle, you may still be entitled to claim TAC compensation.

  • What do I need for a TAC claim?

    You’ll need details of the accident, medical reports for your injuries, personal ID, vehicle information (if relevant), witness contacts, and receipts for any treatment or related expenses. Providing complete information upfront can help your claim process go smoothly.

About the Author

Rita Furfaro

Partner

Special Counsel Rita Furfaro is a NSW-accredited specialist in personal injury law, with a particular focus on Motor Vehicle Accident (MVA) claims. Rita's expertise as a skilled litigator, combined with her empathy for clients' unique situations, enables her to deliver exceptional results.

Why choose GMP Law for your personal injury claim

Proven track record

With 35 years of experience, we have successfully represented clients in personal injury cases across Australia, including:

  • 35,000 victories and counting
  • $4 billion in claims won
  • Successful verdicts in contested court proceedings
  • Recognition from peers for our expertise in this field.

Client-centred approach

The team at GMP® recognise the physical, emotional, and financial toll that injuries have on individuals and their families.

Our commitment to our clients includes:

  • Free initial consultations to assess potential claims
  • No Win No Fee arrangements
  • A 90-day exit period for added flexibility
  • Regular and clear communication throughout the process
  • Compassionate support from start to finish
  • Focus on maximising compensation in the shortest possible time.
GMP Law® is the only Australian firm that stands behind our service with a written cost reduction promise, offering you complete peace of mind with your claim. We are committed to delivering expert legal guidance with empathy and care, and will work tirelessly to achieve the best possible outcome for
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