As summer rolls around, more tourists and visitors come to check out the great sites that Australia has to offer. However, with more people out and about on the road, more transport accidents occur. If you are an overseas visitor and find yourself injured in a transport accident in Victoria, you may be entitled to compensation.
Am I entitled as a visitor?
If you were injured in a transport accident that occurred in Victoria, or the accident occurred in another state or territory and involved a motor vehicle registered in Victoria, you are then entitled to lodge a claim with the Transport Accident Commission (‘TAC’). Regardless of where you are from, and whether you choose to leave Australia, you may be entitled to compensation for your injuries.
What compensation am I entitled to?
Entitlements
Weekly Benefits
You may be entitled to claim weekly benefits and medical expenses in relation to your injury. After getting the appropriate medical attention, you should lodge a TAC claim.
Related: If you’ve been injured in a road accident and are unsure of what to do, read out 10-Step Guide for those Injured In a Car Accident
If your injuries prevent you from working, the TAC may pay a Loss of Earnings Benefit for up to 18 months after the accident, or from when your injury first appears. This covers 80% of your pre-accident weekly earnings.
Your pre-accident weekly earnings are calculated based on your gross earnings during the 12 months prior to the accident. Your pre-accident weekly earnings include any paid work you did in Australia, back home, or anywhere else in the world. The TAC will pay your benefit wherever you choose to base yourself after the accident.
Medical Expenses
The TAC covers reasonable medical costs related to your injury, including hospital treatment. However, treatment must be provided by TAC-accredited providers, usually in Victoria. Some interstate medical treatment may be covered, but treatment outside Australia is not. Therefore, if you wish to claim the cost for medical expenses related to your transport accident injury, you should return to Victoria to receive that treatment.
Impairment Benefit
If you are permanently injured because of a transport accident, you may also be entitled to an impairment benefit. The impairment benefit is a lump sum payment which you can receive if you are assessed as having a whole person impairment greater than 10% under the American Medical Association Guides to the Evaluation of Permanent Impairment.
An assessment for an impairment benefit is generally not assessed until at least 12 months after the accident and when your injuries have stabilised.
Common Law Damages
If your injury is due to the fault of another person, you may be entitled to sue for damages. A person can only sue for damages if they have a “serious injury” certificate, which is granted if you are assessed as:
- Having an impairment of 30% or more; or
- You are considered to have serious long-term impairment or loss of a body function; or
- Have a permanent serious disfigurement; or
- Have a severe long-term mental or behavioural disturbance or disorder; or
- Have lost a foetus.
A claim for common law damages must be made within six years from the date of the accident, or six years after turning 18 if you were a minor.
Common FAQs relating overseas travel
Will I have to return to Australia at any stage?
If you wish to seek medical treatment for your injuries paid for by the TAC, treatment must be undertaken in Australia. As part of the assessment of impairment for an impairment benefit claim, you may also have to return to Australia for a joint medical examination.
If there is more than one medical examination required, your TAC lawyer and the TAC should hopefully book these examinations at the same time to avoid you having to return to Australia more than once.
Can the TAC pay for me to return to Australia?
Yes, the TAC can pay for you to return to Australia for relevant treatments and examinations.
If you are required to return to Australia for any medical treatment related to your injuries, the TAC can pay international and domestic travel to and from treatment. If you are required to return to Australia for your impairment examinations, the TAC will cover your reasonable travel, accommodation and meal expenses.
To avoid the potential expense of going to Court, TAC common law matters usually begin with an informal settlement conference between your lawyers and the TAC. You are not required to be physically present at this conference; however, you will usually be present via video call. On the occasion that a common law damages claim does go to Court, you may not need to be physically present either as evidence can be given via videolink.
Can the TAC pay for my family to visit me in Australia?
If you are admitted to a hospital in Australia because of a transport accident, the TAC may also pay for the immediate family members’ travel and accommodation to visit you if they live more than 100 km away. From 1 July 2025, the maximum amount the TAC will pay for family members to visit is $24,850.
Facing an injury in a traffic accident can be a life-changing event, made all the harder when you are in a different country from your own. If you find yourself injured from a transport accident, our expert team of lawyers based in Victoria is here to assist you with your legal needs. Get in touch to discuss your options.
What if English is not my first language?
If English is not your first language, the TAC may pay for accredited interpreting and translating services for medical appointments related to your transport injury or communications with TAC staff.
Conclusion
Facing an injury in a foreign country can feel overwhelming, but you don’t have to navigate the TAC process alone. Whether you’re still in Victoria or have already returned home, you may be entitled to vital support, treatment, and compensation for your injuries. Understanding your rights is the first step toward recovery, and our dedicated team of Victorian transport accident lawyers is here to guide you through every stage of your claim.
If you’re an overseas visitor injured in a transport accident, reach out to us today to discuss your options and get the help you need.
