Compensation

The TAC may pay compensation to eligible clients who are seriously injured in a transport accident.

This compensation is separate from any treatment and support services we may pay for.

There are two types of payments available:

  • Common law compensation which recognises your injuries and the long term impact of the accident on aspects of your life
  • An impairment benefit which is based solely on the degree of permanent loss of function from your injuries.

Common law compensation

If you are seriously injured in a transport accident and someone else was at fault (or partly at fault), you may be eligible for common law compensation.

Common law compensation is a payment that recognises the long term impact the accident has on your life.

To be eligible for common law compensation:

  • someone else (another person, party or organisation) must be at fault (or partly at fault) and
  • your injuries must meet the legal definition of a ‘serious injury’.

For more information visit the common law compensation section.

Impairment benefit

  • An ‘impairment’ is a permanent physical or psychological condition caused by your accident injuries
  • If you are likely to have a permanent impairment, we will arrange to have your injuries assessed by an independent medical examiner to see what permanent effect these injuries have on your function.

A benefit can be paid by the TAC for this loss if your degree of permanent impairment is greater than 10%.

We will contact you if your injuries indicate you are likely to be eligible for impairment benefits.

Alternatively, if you think you may be eligible for impairment benefits, you can contact us on 1300 654 329 to discuss this further.

For more information visit the impairment benefits section.

The Transport Accident Act Protocols

The Transport Accident Act Protocols are agreements that outline how the TAC and your personal injury lawyer work together during your compensation claim.

The Protocols are four documents developed by the Law Institute of Victoria (LIV), the Australian Lawyers Alliance (ALA) with the TAC. They aim to make the legal process faster and easier. Most lawyers who are members of the LIV or the ALA follow them.

Engaging a lawyer who specialises in TAC claims and who follows the Protocols generally results in a faster and easier outcome. It is also likely to resolve without the need for your case to go to Court. This may also mean less legal costs for you.

For more information visit the TAC Protocols page.