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 TAC is the 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, to provide rehabilitation … 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.  All ambulance bills are covered. All public and private hospital bills are covered. All medical, radiological, pharmaceutical and like expenses are paid in full by TAC provided that you have received treatment as an overnight inpatient in a hospital on account of your injuries. If you were not a hospital inpatient, an excess of $ 629.00 applies before TAC is … Read More

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When do medical expense payments from the TAC cease?

TAC has a legal obligation to continue funding 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 … Read More

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Is lost income covered by the TAC?

If you were an earner before the accident, and you are unable to work on account of your injuries, TAC has an obligation to pay benefits for loss of income (“income benefits”).  Income benefits are calculated at 80% of your pre-accident income less income tax, up to a maximum of $1,260.00 per week. This entitlement lasts for a period of 18 months from the … 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. TAC pays a no fault lump sum benefit called an “impairment benefit” to eligible accident victims. As the Compulsory Third Party Insurer of all Victorian registered motor vehicles, TAC also pays lump sum awards of common law damages to seriously injured transport accident victims.

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What is an impairment benefit?

An impairment benefit is a no fault lump sum payment designed to compensate for pain and suffering. To be eligible to receive an impairment lump sum payment, your level of impairment, expressed as a percentage of the whole body/person, must exceed 10%. The impairment percentage is calculated by TAC after having you examined by medical specialists who have successfully completed … Read More

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