This policy applies for Interstate accidents only (i.e. not in Victoria) and must be read in conjunction with the Eligibility for Benefits policy.
The TAC can pay compensation to a:
- Victorian resident who is injured or dies in an interstate accident involving a Victorian registered vehicle
- non-Victorian resident who is injured or dies in an interstate accident and is the driver or passenger of a Victorian registered vehicle.
Transport Accident Act 1986 reference: s.35(1)
A law of a place outside Victoria means a law of the Commonwealth, another State or a Territory.
Are TAC benefits payable to a Victorian resident, if a Victorian registered vehicle was not involved?
TAC benefits are not payable to a Victorian resident injured or dies where the accident occurs interstate and does not involve a Victorian registered vehicle.
What happens when a person lodges a claim with both the TAC and in another jurisdiction?
If an injured person or dependant of a deceased person who has an entitlement under section 35 of the Transport Accident Act 1986 (the Act), also lodges a claim under the law of a place outside of Victoria and:
- has had that other claim accepted; or
- been paid compensation/damages; or
- had an award of compensation/damages entered in his/her favour; or
- accepted a payment into court; or
- settled a claim; or
- commenced an action for damages
then the TAC may cease the person's entitlements under the TAA (and recover benefits already paid to the person). Transport Accident Act 1986 reference: s.42
Are there any circumstances when the TAC will continue paying benefits when a claim is pursued under the laws of a place outside Victoria?
Where a person is receiving benefits from the TAC and that person makes another claim under the laws of a place outside of Victoria, the TAC will continue to pay benefits until the other claim settles if it is the TAC which is ultimately liable to indemnify the other claim.
A Victorian resident is a passenger in a Victorian registered vehicle and is injured in a single vehicle accident in Queensland. The TAC accepts the claim and begins paying benefits to the passenger. The client commences common law proceedings in Queensland against the driver/owner of the Victorian registered vehicle. The TAC continues paying medical and like benefits until the matter settles, because the TAC is the insurer that indemnifies the driver in the common law claim.
Is a client obligated to notify the TAC when a claim is made under a law of a place outside of Victoria?
Under the Transport Accident Act 1986 a person receiving compensation from the TAC must notify the TAC in writing about having another claim pending under the law of a place outside Victoria.
Can the TAC consider a claim for compensation or reinstate compensation if the claim under the law of a place outside of Victoria is not pursued?
The TAC will consider a claim for compensation or reinstate compensation where a person produces an order from a court of competent jurisdiction stating that the proceeding has been struck out or dismissed.
Is the TAC entitled to recover amounts paid to a person who has an entitlement in another jurisdiction?
When TAC compensation or damages have been paid to a client and he/she has received compensation or damages for the same transport accident from a law of a place outside of Victoria, the TAC will recover the lesser of:
- the amount paid by TAC; or
- the amount of compensation or damages paid by the negligent third party.
How are common law actions determined for interstate accidents?
Regardless of the place where a case is litigated, a person's entitlement to common law damages will be determined in accordance with the substantive law of the state or territory in which the accident occurred. Independent legal advice should be obtained in these circumstances. See also the Law Institute of Victoria website.
Can the TAC pay compensation if a non-Victorian resident was likely to reside in Victoria after the transport accident?
The TAC can consider paying compensation to a non-Victorian resident who is able to provide evidence that prior to the transport accident they were likely to reside in Victoria for at least six months immediately after the date of the interstate accident.
Transport Accident Act 1986 reference: s.36