No. Overseas residents can make a TAC claim if the transport accident in which they were injured occurs in Victoria.  TAC will be liable to cover any medical or treatment expenses incurred within Australia however, TAC is not liable to pay any hospital, medical or like expenses incurred outside Australia.

TAC also has a liability to pay income benefits, LOE and LOEC benefits, to an accident victim who resides outside Australia. Similarly, TAC has an obligation to pay the impairment lump sum benefit to a person who resides outside Australia.

Accident victims who reside overseas can still bring a common law damages claim if they suffer a serious injury and can prove that the injuries resulted from the negligence or carelessness of another person. In such a common law claim, the accident victim can recover damages for medical costs incurred outside Australia and also an allowance for future medical costs that will be incurred outside Australia.

It is very important for non-Australian residents, injured in transport accidents in Australia to seek expert legal advice concerning their rights. It is possible for such accident victims to inadvertently lose their rights under the Transport Accident Scheme. Expert legal advice must be obtained and we have extensive experience acting for overseas residents injured in Victorian transport accidents who have TAC claims.