What is a “transport accident”?

The term “transport accident” is defined in the Transport Accident Act 1986 (“the Act”) – the legislation that governs the operation of the Transport Accident Scheme in Victoria.  A Victorian transport accident is defined as an “incident directly caused by the driving of a motor car or motor vehicle, a railway train or a tram”.

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What is the Transport Accident Commission (TAC)?

The Transport Accident Commission (TAC) is the Victorian Government-owned agency that was set up to administer the transport accident scheme. The Transport Accident Act 1986 established the TAC.  The Act also governs the operations of the TAC and the administration of TAC claims. Under the Act, the TAC is required to pay no-fault compensation to those injured in transport accidents, … Read More

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Who is covered by the Transport Accident Scheme?

A person who is injured as a result of a transport accident is entitled to no fault benefits under the transport accident scheme if: • the accident occurred in Victoria; or • the accident occurred outside Victoria (but in Australia) and involved a Victorian registered motor vehicle and at the time of the accident the injured person was: • a … Read More

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Are medical and like expenses covered?

Yes.  A range of medical and like expenses are paid by the TAC.   A medical excess previously applied.  The medical excess of $ 651.00 has now been removed.  The excess no longer applies for accidents occurring on or after 14 February 2018. TAC medical coverage is very broad.  Ambulance and hospital expenses are covered by TAC.  Radiology and pathology are … Read More

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When do medical expense payments from the TAC cease?

TAC has a legal obligation to fund reasonable accident-related hospital, medical and like expenses indefinitely. The payment of a lump sum impairment benefit or common law damages does not bring this entitlement to an end. However, if TAC considers that medical treatment is unrelated to injuries a claimant may have sustained in the accident, it can refuse to fund such … Read More

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Is lost income covered by the TAC?

The TAC can pay income benefits to accident victims.  Income support can continue for three years after an accident. Loss of Earnings (LOE) An “earner” will be eligible to income benefits if they cannot work due to their injuries.    Loss of earnings (LOE) benefits are paid in the first 18 months.  LOE benefits are calculated at 80% of pre-accident … Read More

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When do income benefits cease?

LOE benefits cease 18 months after the accident. LOEC benefits cease 3 years after the accident except in cases where the accident victim’s level of permanent impairment is determined by TAC at 50% or more, in which case the entitlement ceases upon the accident victim reaching normal retirement age subject to some conditions. In a practical sense, LOE and LOEC benefits will also … Read More

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Does TAC pay lump sum compensation?

Yes. The TAC can pay a no fault lump sum benefit called an “impairment benefit”.  There are eligibility requirements to receive a lump sum impairment benefit.  TAC can also pay lump sum common law damages to seriously injured transport accident victims.  It does so as the Compulsory Third Party Insurer of all Victorian registered motor vehicles.

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What is an impairment benefit?

An impairment benefit refers to a lump sum payment.  It compensates a claimant for their injuries.  To receive an impairment payment, impairment must exceed 10%. Impairment is expressed as a percentage of the whole body.  The percentages are calculated using the Guides to the Evaluation of Permanent Impairment – 4th Edition. The final impairment percentage is calculated by TAC.  The … Read More

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