CL overview accordions

What is common law compensation?

Common law compensation is also known as ‘common law damages’. It is a payment that recognises the long term impact the accident has on your life.

The compensation is for:

loss of past and / or future earnings, and
pain and suffering.

Compensation is paid by the TAC on behalf of the person, party or organisation who is at fault in the accident.

It is a separate payment in addition to any treatment and support services you may receive from us.

Can I claim common law compensation?

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 meet the legal definition of a ‘serious injury’.

What is fault (or negligence)?

Being at fault (or negligent) means failing to take reasonable care to avoid causing injury or loss to another person. This includes ‘partial fault’ or ‘contributory negligence’, which is when more than one person, party or organisation is responsible for the accident.

Some common examples of a person being at fault are:

failing to give way at a stop sign
running into the back of another vehicle.

What is a ‘serious injury’?

‘Serious injury’ is a legal term defined in the Transport Accident Act 1986.

It may be a single significant injury, or a combination of injuries that contribute to an impairment of 30% or more. The injuries need to be as a result of your transport accident.

‘Serious injury’ takes into account both:

your injuries, and
the long-term impact of the transport accident on your life.

If you have a ‘serious injury’ and someone else was at fault in your accident, you may be eligible for common law compensation.

The meanings of some of the words used in common law compensation are explained in the Definitions section.

Are you likely to be eligible for common law compensation?

Find out if you might be eligible for common law compensation PDF, 0.05MB

Different examples that show whether you are likely to be eligible or not, are below.

Example 1: You may be eligible

If you have a ‘serious injury’ and someone else was at fault (or partly at fault).

Example 2: It is not clear if you are likely to be eligible (based on accident circumstances)

If you have a ‘serious injury’ and you were at fault
If you have a ‘serious injury’ and you are not sure who was at fault
If you are not sure if you have a ‘serious injury’ and you were at fault
If you are not sure if you have a ‘serious injury’ and you are not sure who was at fault

More information is needed to understand if you may be eligible for common law compensation.

You need to engage a personal injury lawyer. They can provide you with independent legal advice about whether you are likely to be eligible.

Example 3: It is not clear if you are likely to be eligible (based on your injuries)

If someone else was at fault, and you are not sure if you have a ‘serious injury’

We need to understand the impact the injury has had on your life, to decide if your injury meets the legal definition of a ‘serious injury’.

You may need to attend a medical examination or share your medical information with us, to help us understand your injuries and the impact on your life.

You can contact, or engage a personal injury lawyer to act on your behalf.

Example 4: You are likely not to be eligible

If you do not have a ‘serious injury’, and you, or someone else was at fault

If your injuries do not meet the legal definition of a ‘serious injury’ you are not eligible.

You can engage a personal injury lawyer at any time to advise you, based on your individual circumstances.

* Disclaimer: The examples above intend to provide a general indication of eligibility for common law compensation, based on the answers or scenarios you provide. It does not take into account your personal accident circumstances.

How do I claim compensation?

If you have a ‘serious injury’ and someone else was at fault, you may be eligible for common law compensation.

To claim common law compensation, most people engage a personal injury lawyer. The lawyer will act on your behalf to lodge a ‘serious injury’ application with us.

We recommend choosing a law firm that specialises in TAC claims and operates within the Common Law Protocols. The Protocols are an agreement that outlines how the TAC and your personal injury lawyer work together during your claim.

Find out more in the How to find and choose a lawyer fact sheet

If you don’t have a lawyer or choose not to have one at this time, you can contact us directly to discuss if you are likely to have a ‘serious injury’.

Once a ‘serious injury’ application is lodged, we may need more information to help us decide if you are eligible. Sometimes we may ask you to attend medical examinations or we may need to look into the details of your accident.

If we decide you are eligible for common law compensation, you will need a lawyer to act on your behalf. They will negotiate an appropriate amount of compensation with us.

Once the compensation amount (which is called ‘settlement’), is agreed by you, your lawyer and the TAC, we can pay your common law compensation.

If we can’t agree on the settlement it can proceed to Court where a Judge will decide.

See the Process section for more detailed information on how to access common law compensation.


CL overview accordions What is common law compensation? Common law compensation is also known as ‘common law damages’. It is a payment that recognises the long term impact the accident has on your life. The compensation is for: loss of past and / or future earnings, and pain and suffering. Compensation is paid by the TAC on behalf of the person, party or organisation who is at fault in the accident. It is a separate payment in addition to any treatment and support services you may receive from us. Can I claim common law compensation? 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 meet the legal definition of a ‘serious injury’. What is fault (or negligence)? Being at fault (or negligent) means failing to take reasonable care to avoid causing injury or loss to another person. This includes ‘partial fault’ or ‘contributory negligence’, which is when more than one person, party or organisation is responsible for the accident. Some common examples of a person being at fault are: failing to give way at a stop sign running into the back of another vehicle. You can read more about fault or negligence in the fact sheet What is a ‘serious injury’? ‘Serious injury’ is a legal term defined in the Transport Accident Act 1986. It may be a single significant injury, or a combination of injuries that contribute to an impairment of 30% or more. The injuries need to be as a result of your transport accident. ‘Serious injury’ takes into account both: your injuries, and the long-term impact of the transport accident on your life. If you have a ‘serious injury’ and someone else was at fault in your accident, you may be eligible for common law compensation. You can read more about 'serious injury' in the fact sheet The meanings of some of the words used in common law compensation are explained in the Definitions section. Are you likely to be eligible for common law compensation? Find out if you might be eligible for common law compensation PDF, 0.05MB Different examples that show whether you are likely to be eligible or not, are below. Example 1: You may be eligible If you have a ‘serious injury’ and someone else was at fault (or partly at fault). Contact us, or engage a personal injury lawyer to act on your behalf. Example 2: It is not clear if you are likely to be eligible (based on accident circumstances) If you have a ‘serious injury’ and you were at fault If you have a ‘serious injury’ and you are not sure who was at fault If you are not sure if you have a ‘serious injury’ and you were at fault If you are not sure if you have a ‘serious injury’ and you are not sure who was at fault More information is needed to understand if you may be eligible for common law compensation. You need to engage a personal injury lawyer. They can provide you with independent legal advice about whether you are likely to be eligible. Example 3: It is not clear if you are likely to be eligible (based on your injuries) If someone else was at fault, and you are not sure if you have a ‘serious injury’ We need to understand the impact the injury has had on your life, to decide if your injury meets the legal definition of a ‘serious injury’. You may need to attend a medical examination or share your medical information with us, to help us understand your injuries and the impact on your life. You can contact, or engage a personal injury lawyer to act on your behalf. Example 4: You are likely not to be eligible If you do not have a ‘serious injury’, and you, or someone else was at fault If your injuries do not meet the legal definition of a ‘serious injury’ you are not eligible. You can engage a personal injury lawyer at any time to advise you, based on your individual circumstances. * Disclaimer: The examples above intend to provide a general indication of eligibility for common law compensation, based on the answers or scenarios you provide. It does not take into account your personal accident circumstances. How do I claim compensation? If you have a ‘serious injury’ and someone else was at fault, you may be eligible for common law compensation. To claim common law compensation, most people engage a personal injury lawyer. The lawyer will act on your behalf to lodge a ‘serious injury’ application with us. We recommend choosing a law firm that specialises in TAC claims and operates within the Common Law Protocols. The Protocols are an agreement that outlines how the TAC and your personal injury lawyer work together during your claim. Find out more in the How to find and choose a lawyer fact sheet If you don’t have a lawyer or choose not to have one at this time, you can contact us directly to discuss if you are likely to have a ‘serious injury’. Once a ‘serious injury’ application is lodged, we may need more information to help us decide if you are eligible. Sometimes we may ask you to attend medical examinations or we may need to look into the details of your accident. If we decide you are eligible for common law compensation, you will need a lawyer to act on your behalf. They will negotiate an appropriate amount of compensation with us. Once the compensation amount (which is called ‘settlement’), is agreed by you, your lawyer and the TAC, we can pay your common law compensation. If we can’t agree on the settlement it can proceed to Court where a Judge will decide. See the Process section for more detailed information on how to access common law compensation.