Public Transport Accident Claims

You have 12 months post-accident, or from the date you first discovered the injury, to lodge a claim with the TAC. However, the TAC has a discretionary period of up to 3 years from the date of the accident in which they may accept your claim.

• The incident report number and the date you reported the accident to the operator.
  (A police report is not necessary for public transport accidents)
• Accident details, including the location, circumstances, and other people/drivers involved.
• Details of the vehicles involved, including registration numbers if known.
• Details of anyone who saw the accident.
• The name and contact details of the health professional you have seen or the hospital attended for your accident injuries.
• Written details of your injuries from your treating health professional or from the hospital you attended. This could be a:
  • hospital discharge summary,
  • Certificate of Capacity,
  • medical certificate that states your injuries, or
  • letter from your doctor or allied health professional with your injuries listed.
• Employment/income details if you have had, or will have, more than five days off work due to the accident.

Ref: https://www.tac.vic.gov.au/what-to-do-after-an-accident/how-to-claim/how-to-lodge-a-claim-with-the-tac

There are two types of claim you can make – a No Fault Claim and a Common Law (fault-based) claim – in order to receive benefits and compensation.

No fault claim
You do not need to prove that the public transport accident was the fault of another party to access the below listed benefits for a No Fault claim.

1.  Medical and Like Expenses
   The TAC will cover the reasonable cost of medical and like expenses following your public transport accident injury. You must demonstrate a link between the required treatment and the public transport accident injury. Common services include:
   – Hospital and ambulance fees
   – Medication
   – X-rays and scans
   – Surgery
   – Rehabilitation, such as physiotherapy and osteopathy
   – Mental health treatment
   – Travel and accommodation for medical treatment

The TAC will pay for medical treatment, 90 days after your accident. However, you will need to seek approval for treatment once the 90 days have passed or if the TAC has not paid for services in more than 6 months.

2.  Loss of Earnings
The TAC can cover loss of earnings if you cannot fulfill your previous duties or return to work following a public transport accident. Similar to medical and like expenses, you must prove a connection between the accident and your decrease in wages.

The TAC will pay 80% of your pre-accident weekly earnings or the prescribed minimum weekly amount. If you return to work on a part time basis the TAC will pay 85% of the difference between your pre-accident earnings and your current reduced weekly earnings.

3. Impairment Benefit Claim
   If you have suffered a permanent injury, you may be entitled to a lump sum payment known as an Impairment Benefit (IB). This involves an assessment of your permanent whole person impairment by independent medical practitioners in accordance with special guidelines once your injuries have stabilised. You will only be eligible for an IB if your impairment rating is 11% or greater.

Common Law (Fault Based) Claim
You may also be entitled to common law damages for pain and suffering and loss of earnings if you can prove that the public transport accident was the fault of another party and that you have sustained a “Serious Injury”. In this circumstance, you can file a Common Law (Fault Based) Claim.

Under s.93(17) of the Transport Accident Act a “Serious Injury” is defined as:
– Permanent impairment of 30% or more assessed by an independent medical   
              practitioner, or
– Serious long-term impairment of a body function, or
–  Permanent serious disfigurement, or
–  Severe long term mental or behavioural disturbance or disorder, or
–  Loss of a foetus.

If your lifestyle has been impacted by the public transport accident, such as your ability to carry out pre-work duties and perform activities of daily living, you may also satisfy the requirements of a serious injury.

The TAC has a system to conference your case prior to having to issue a Court proceeding to pursue your common law rights.  Most common law claims are settled without the need to go to Court.

You have 6 years post-accident, or from the date you first discovered the injury, to initiate a common law claim by lodging a Serious Injury application in the County Court of Victoria. In limited circumstances, the Court may allow proceedings after the 6 year period has lapsed.

Common Types Of Bus Accidents

• Public transport buses
• School buses
• Airport or hotel shuttle buses
• Corporate shuttles
• Campus shuttles
• Party or private charter buses
• Tour buses