No two road accident claims are exactly alike. Motorcyclists are more likely to suffer serious injuries in a crash, which means it’s important to have an experienced lawyer who can help you through the claims process.
Motorcycles are classified as motor vehicles in Victoria, meaning the injuries sustained by riders in collisions are covered by the state’s Transport Accident Commission (TAC). Your TAC entitlements may be substantial, but it can be difficult to recover the maximum compensation you deserve.
A motorcycle accident lawyer at Arnold Dallas McPherson Injury Lawyers (ADM) can help you claim all entitlements and common law damages. We are a statewide firm with locations in Melbourne, Bendigo and a number of other communities. Call 1800 242 588 if you have questions or need help making a claim.
What Compensation Is Available After a Motorcycle Accident?
You are entitled to no-fault benefits from the TAC if you are injured in a motorcycle accident. These include:
- Payment of reasonable medical and like expenses and supports
- Income support for time you lose from work
- Assistance with your return to work
- Impairment benefit, if you suffer an injury resulting in more than 10% permanent impairment
If the accident was someone else’s fault and you suffered a ‘serious injury’, you may also have a claim for common law damages. Common law damages provide compensation for economic loss (loss of earnings to date and loss of future income) and non-economic loss (pain and suffering and loss of enjoyment of life).
‘Serious injury’ has a specific legal definition as used by the TAC. Depending on the circumstances, an injury may be considered serious if it results in:
- Serious long-term impairment or loss of a body function
- Permanent serious disfigurement
- Severe long-term mental or severe long-term behavioural disturbance or disorder
- The loss of a foetus
An injury or combination of injuries will also satisfy the TAC’s threshold if they result in a whole person impairment of 30% or more.
Injured in Victoria?
ADM Is Here for You!
We’ll listen to your story and help you move forward with your life.
We are available 24/7
What Is the Maximum Compensation for a Motorcycle Accident in Victoria?
There is no limit on the total medical expenses which can be paid by the TAC, provided they are reasonable and necessary for your recovery. However, the TAC will only fund treatment up to their maximum TAC rate for reimbursement.
Loss of earnings benefits are available for the first 18 months after an accident if your injuries prevent you from working. Loss of earnings benefits are payable at 80% of your ‘pre-accident weekly earnings’ up to the statutory maximum of $1,730 (as of 1 July 2026). You will need to provide ongoing Certificates of Capacity to continue receiving benefits.
After 18 months, the TAC applies additional eligibility requirements based on your earning capacity. If you satisfy those requirements, you may be entitled to a loss of earning capacity (LOEC) benefit up to the 3rd anniversary after an accident.
The impairment benefit is calculated based on the percentage of permanent whole person impairment. Benefits are indexed annually, with a maximum of $451,650 for 100% permanent impairment as of 1 July 2026.
Common law damages are paid as a one-off lump sum. From 1 July 2026, common law compensation is capped at $1,578,760 for economic loss and $701,620 for pain and suffering damages.
You may qualify for some or all of these entitlements. However, until you speak with an experienced lawyer, you may not have a clear idea of the full compensation you are due.
How Much Are Most Motorcycle Accident Settlements?
There is no ‘standard’ value for a motorcycle accident claim. Some riders fully recover from their injuries, whilst others are seriously harmed and even permanently disabled. Those in the latter category may be entitled to common law damages.
Factors that can affect the compensation in a motorcycle accident settlement include:
- How serious your injuries are and how your injuries impact your life
- The income you have lost to date, as well as future loss of earnings
- Loss of the ability to live independently or care for your family
- Inability to participate in favourite activities or hobbies
- Contributory negligence; damages are reduced if you contributed to the accident
How Are Motorcycle Accident Settlements Calculated?
The TAC assesses common law damages and determines whether to offer a settlement based on the rider’s injuries and losses. Detailed medical evidence, financial records and expert assessments are required to assist in calculating loss of earnings and pain and suffering.
Most common law claims are administered under the TAC Common Law Protocols, which set out the process for assessing Serious Injury Applications and attempting to resolve matters before legal proceedings are issued.
An experienced motorcycle accident lawyer can prepare the evidence needed to support your claim, negotiate with the TAC on your behalf and help you pursue all available compensation.
Client Testimonials
At ADM, we are real people helping Victorians find justice. You don’t have to take our word for it; we have received hundreds of 5-star reviews from real clients who entrusted their legal matter to ADM. See for yourself what to expect from Arnold Dallas McPherson Injury Lawyers, both as solicitors and as human beings.
Michelle & R.
Kelsey and the team at ADM Bendigo were very understanding and caring in relation to our case. We were treated with respect and everything was done to get the best possible outcome under the circumstances. We would highly recommend.
Peter R.
My dealings with staff at ADMcP were at all times supportive, professional, and above all successful. They’re a great group and I recommend anyone to them for any industrial/workplace injury issues.
Milian T.
Thanks a lot Shaun and whole team, you done great job! Highly recommended this expert. All the best my friend!
Can You Claim Compensation If the Motorcycle Accident Was Your Fault?
You are not prevented from making a TAC claim if you are at fault for an accident. Entitlements for medical and like expenses, income support and permanent impairment are provided by the TAC on a no-fault basis.
However, if you are charged with criminal offences following an accident, this can reduce your entitlements or, in the case of certain offences, prevent you from receiving assistance from the TAC.
Fault is most relevant if you are seeking common law damages. Any compensation awarded through a common law claim may be reduced if your actions contributed to the accident. If you are entirely responsible for the crash, you will not be entitled to common law compensation.
Motorcyclists are often unfairly blamed for accidents. Drivers, witnesses and even law enforcement might make assumptions due to bias against motorcyclists.
You should seek legal guidance as soon as possible if you believe you are being unfairly blamed for a motorcycle accident. A skilled personal injury lawyer can perform a thorough investigation to ensure that fault is accurately assigned.
What Injuries Commonly Lead to Higher Motorcycle Accident Compensation?
Motorcyclists have minimal protection while riding. Wearing a helmet and other gear is critical, but the sad fact is that collisions with motor vehicles often prove catastrophic (and even deadly) for riders.
Injuries that are commonly associated with significant losses in motorcycle accidents include:
- Traumatic Brain Injuries
- Spinal Cord Injuries and Paralysis
- Road Rash and Permanent Scarring
- Bone Fractures and Orthopaedic Injuries
- Permanent Nerve Damage
- Amputations and Loss of Limbs
- Complex Regional Pain Syndrome (CRPS)
- Internal Organ Damage
- Burn Injuries
- Psychological Trauma
These types of injuries commonly have profound impacts on an injured person’s life. If the evidence shows that someone else was at fault and you meet the TAC’s serious injury threshold, you may be entitled to significant common law damages.
How Long Do You Have to Claim Motorcycle Accident Compensation?
You need to be aware of two key time limits when lodging a motorcycle accident claim:
- The initial TAC claim should generally be submitted within 12 months of the accident. Although the TAC has discretion to accept a claim up to 3 years after an accident, waiting to lodge the claim can make it more difficult to access medical expenses and other benefits.
- You have up to 6 years to make a common law claim. However, it is important to seek legal advice well before this deadline so evidence can be preserved and your claim properly prepared.
The TAC may allow additional time in certain circumstances if there is a valid reason for the delay. However, you should never assume that an extension will be granted. Delays can result in the loss of important evidence and may affect your ability to recover compensation.
How to Maximise Your Compensation After a Motorcycle Accident
What you do after a motorcycle crash can significantly affect your entitlements. Follow these steps to protect your rights and strengthen your claim:
- Seek medical treatment straight away. Your injuries need to be fully documented. Comprehensive medical records support claims for medical expenses, lost earnings, impairment benefits and (if applicable) common law compensation.
- Report the accident. Motor vehicle accidents resulting in injuries must be reported to the police promptly. Law enforcement will investigate the crash and prepare a report.
- Gather evidence at the scene. Take photos of your motorbike and any other vehicles involved, the condition of the road and visible injuries. Obtain the name and contact information for any witnesses. Multiple types of evidence may show that a driver or other party was at fault.
- Lodge a claim with the TAC. If you were an inpatient, the hospital may assist you in lodging a claim. Claims can also be lodged directly with the TAC by phone or online.
- Keep up with medical treatment. Attend all doctor appointments, specialist consultations, physio sessions and other medical visits. Detailed medical documentation can establish the severity and ongoing impact of your injuries.
- Document financial losses. Keep records of your time away from work and any attempts you make to return to work. Any receipts or invoices for medical treatment pertaining to your motorcycle accident injuries should be sent promptly to the TAC for reimbursement.
- Ensure permanent injuries are properly assessed. You will need to undergo medicolegal examinations to assess whether you qualify for the impairment benefit. Claims for common law damages also require extensive medical evidence, so you may need to attend additional appointments before submitting a Serious Injury Application.
- Speak with a motorcycle accident lawyer early. A lawyer can take immediate action on your behalf to secure evidence, identify all available entitlements and meet the deadline for lodging a claim. They can also help prove the driver and any other defendants caused the crash.
Learn How ADM Can Help
Motorcyclists are often seriously injured in road accidents. At ADM, we believe the only way to get the full compensation you deserve is to listen to your story. Our team treats you with respect and gives you the time to ask questions and share your concerns. We explain your legal rights and options in detail, focusing on your specific situation.
ADM is committed to getting you all of the compensation for a motorcycle accident you deserve while providing you with support through the difficult process of obtaining compensation. We recognise that legal matters can be intimidating, but you can rely on us to remain steady and reassure you at every stage.
Call 1800 242 588 today for a FREE consultation. We are a statewide firm with offices in more than a dozen communities. Our motorcycle accident lawyers serve clients in Bendigo, Melbourne and other areas of Victoria.
