Are there time limits that apply to TAC claims?

Yes. The time limits are:

  • to lodge a TAC claim for compensation – 1 year from the date of the accident or from the date the injury first manifested itself. TAC does have a discretion to accept a claim lodged after 12 months, but within 3 years of the accident, provided the accident victim can provide reasonable grounds for late lodgement.
  • no fault benefit decisions made by TAC – there is a 12 month period within which the accident victim can challenge the decision by means of lodgement of an appeal with the VCAT. The 12 month period runs from the date the accident victim first became aware of the decision. It is important to note that TAC also has an “internal review” process. Applying for an internal review by TAC does not stop the clock in relation to the 12 month limitation period. Time still runs even if an internal review is being undertaken.
  • TAC common law damage claims – such claims must be brought within 6 years of the accident. It is possible, however, for claims to be brought after the 6 year period has expired but only in limited circumstances. It is imperative that expert legal advice be obtained in relation to the TAC common law damages time limit.