If you are injured in an accident with a motor vehicle in Victoria, you can lodge a claim with the Transport Accident Commission (TAC). The TAC can help pay for medical bills, loss of income and other expenses. If you are wondering, ‘What do you need for a TAC claim?’, you’ve come to the right place.
Arnold Dallas McPherson Injury Lawyers (ADM) are Victoria’s leading lawyers for TAC accident claims. We offer expert legal guidance in plain English. This is vital for helping you access the full benefits and other compensation you deserve.
The TAC asks for a lot of information before they will accept a claim. Errors can lead to delays, as well as make it difficult to access certain payments. ADM draws upon more than 30 years of experience and an in-depth understanding of your situation to advocate for you.
With our ‘No Win, No Fee’ policy, you pay no upfront expenses and are only responsible for legal fees if we secure a favourable outcome. Call 1800 242 588 today for a FREE consultation. Road accident lawyers at ADM serve clients throughout Victoria from offices in Melbourne, Bendigo and many other communities.
How Do I Make a Claim with the TAC After an Accident?
A claim can be lodged with the TAC online or by phone at 1300 654 329. If you are taken to hospital after the accident, the hospital staff may be able to assist you in making a claim.
You have just 12 months from the date of the accident to lodge a claim with the TAC. That isn’t much time, so we urge you to take action quickly (though this can be extended for a further two years after that at the TAC’s discretion).
After three years, you cannot make a claim for compensation for injuries with the TAC unless you were a minor at the time of the accident, where the time to lodge a claim is extended until you turn 21.
What Do I Need to Make a Claim with the TAC?
Before you can lodge a TAC accident claim, you will need to have information about the accident on hand. Knowing what you need for a TAC claim can make the process easier, but you shouldn’t hesitate to contact a skilled lawyer if you aren’t feeling confident.
If your question is ‘What do you need for a TAC claim?’, the information on the TAC website will only get you so far. Read the sections below for a clear, in-depth answer:
Details About the Accident
First, you will need to provide information about the crash. This includes:
- The date the accident occurred
- Location of the accident
- Circumstances of the accident; this is basically a description of what happened in your own words
- Example: ‘I was driving along Princes Highway through Dandenong around 5pm in heavy traffic. Cars were slowing down coming up to the lights and I’d come to a stop when the car behind me didn’t brake in time and ran into the back of my vehicle.’
- The names and contact information of all individuals involved in the accident
- Name and contact information for any witnesses
- Make, model, registration number and colour for all vehicles involved
- Example: Red Toyota Corolla, rego ABC 123
- Police report number and/or details for the attending officer; this can be obtained when you report the accident to police
You are not required to report accidents involving public transport to the police. Instead, the TAC asks for the incident report number and the date you reported it to the tram, train or bus operator.
Details of Your Injuries
To qualify for TAC benefits, you need to clearly establish the injuries you suffered as a result of the accident.
You should provide the body part injured by listing these when requested to do so. You should report every injury, even if it at the time feels like something minor.
These injuries need to be supported by medical documentation, such as a letter from your doctor or a hospital discharge summary. If you are claiming income support from the TAC, you will also need a Certificate of Capacity stating that an injury or injuries limit your ability to work.
Finally, you will need to provide the name and contact information for a health professional involved in your care after the accident. This may be your GP, a physiotherapist, etc. If you were taken to hospital, consider giving both the name of the hospital and the department where you were seen.
Examples:
- Alfred Hospital Emergency Department in Melbourne
- Bendigo Health Emergency Department
- Goulburn Valley Health Emergency Department in Shepparton
Income and Banking Information
Submitting details about your earnings allows the TAC to calculate any payments you are due for loss of income and reimbursement of medical expenses. They need the following information to make those payments:
- The name on your bank account
- Bank State Branch number; you should be able to find the BSB on a bank statement or within a banking app
- Your account number
In addition to this, if you cannot work either wholly or in part, you will need to provide information to the TAC in relation to your earnings. Typically, this would be the 12 months of payslips prior to injury, but this can be more complex if you are self-employed. Generally, if loss of earnings is claimed, the TAC will let you know what further documentation is required, such as further payslips, tax returns or profit and loss statements.
You will also need to provide a Certificate of Capacity from one of your medical treaters stating that an injury or injuries limit your ability to work.
What to Do After a Motor Vehicle Accident
Now that you know what you need for a TAC claim, you may be asking how to go about getting all this information. If possible, you can start taking steps right away to get the details you need and protect your legal rights (though noting that if police attend the scene, much of this information will be obtained by them).
Depending on the circumstances of the accident, we recommend you:
- Check yourself and others for injury. If anyone is hurt, call 000 for emergency medical assistance.
- Exchange information. Get the name, address and phone number for anybody who’s involved. This may include a driver, motorbike rider, pedestrian, cyclist, etc.
- Note vehicle details. Jot down the vehicle’s registration number as well as the colour, make and model.
- Photograph the accident scene. Take pictures of the vehicles’ position in relation to each other, any damage to the vehicles, traffic lights and signs in the vicinity, road conditions and your injuries.
- Speak to witnesses. Ask what they saw and get their name and phone number.
- Note the location of the accident, the approximate time and what happened. It is helpful to write this down or record a voice note on your phone.
- Report the accident to police. The police will typically investigate accidents resulting in injuries. You can request a copy of the accident report from Victoria Police online. (Though you will not need to do this if police attend the scene.)
- Seek medical attention for your injuries. You may need to be taken to hospital from the scene. Even if you don’t require emergency care, you should see a doctor ASAP.
- Get organised. Collect all of the information you need to make a TAC claim, including medical records, banking information, income and earnings and details about your employment.
- Lodge a claim with the TAC. If you need assistance gathering the necessary information or simply don’t feel up to the task on your own, it is in your best interest to contact a TAC accident lawyer for help.
Remember, you only have three years after the accident to lodge a claim. It is best to lodge your claim within 12 months. You don’t want to miss your one and only opportunity to seek compensation.
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What Is the TAC’s Role in Accident Claims?
The TAC is Victoria’s compulsory insurance scheme for personal injury in transport accidents. When someone is injured due to the operation of a motor vehicle registered in Victoria, the TAC pays compensation for certain losses.
Some payments are made on a no-fault basis. You do not need to prove someone else was at fault for the accident to claim:
- Payment of medical expenses, including doctors’ appointments, hospitalisation, ambulance services, allied health and physio, medication and other medical services.
- Income support, which can replace 80% of your lost earnings if you can’t work after an accident for up to three years.
- Return to work support, or services that can aid you in returning to your previous employment or finding a new job.
You may be entitled to additional compensation from the TAC if you are left with a permanent impairment or seriously injured in a road accident. These forms of compensation are known as:
- Impairment benefit: You are entitled to a one-off lump sum payment if your injuries result in more than 10% permanent impairment. The impairment benefit is provided on a no-fault basis.
- Common law damages: If you suffer as serious injury (as defined by the TAC) through the fault of another, you may be entitled to common law damages. These damages are also paid as a lump sum, and they compensate you for (a) loss of past and future earnings and (b) pain and suffering.
An experienced TAC compensation claims solicitor can evaluate your eligibility and help you collect the information needed to pursue these entitlements. The lawyer you choose should be well-versed in the impairment assessment process and TAC Common Law Protocols.
Most aspects of the TAC scheme are no-fault, but you need to meet certain statutory and administrative criteria to be eligible. Disputes can lead to you getting less than you deserve. Having qualified legal guidance is crucial for maximising your compensation.
What Do You Need for a TAC Claim? ADM Is Here to Help!
Being involved in a motor vehicle accident is stressful. It’s even more stressful if you have been injured. You may face significant out-of-pocket medical expenses, be unable to earn a living and even suffer permanent disability.
The TAC can help pay for a wide range of expenses and make up for the losses you suffer, but compensation is not awarded automatically. Lawyers at ADM can help you lodge a claim.
Our comprehensive investigations can gather all of the necessary information, as well as identify additional entitlements. We help with all aspects of your claim, including negotiations with the TAC and (if necessary) taking the matter to Court.
For a FREE consultation, call ADM at 1800 242 588 today. We are principally based in Bendigo and Melbourne, with additional offices throughout Victoria to assist clients with TAC accident claims.
