Annual Indexation of Benefits

Under Section 61 of the Transport Accident Act 1986, benefits payable to accident victims are indexed from 1 July each year. Click on the link below to see the latest list of indexed benefits

TAC Common Law Claims

The expressions “TAC common law damages claim” or “TAC common law claim” refer to a claim for damages that a seriously injured TAC claimant can bring in circumstances where his or her injuries have been caused by the negligence of another person. Negligence – proving liability To be successful in a TAC common law claim, an injured accident victim must … Read More

TAC Claims – Serious Injury

The TAC compensation scheme that operates in Victoria is primarily a no-fault compensation scheme. However, transport accident victims whose injuries were caused by the negligence or carelessness of another person can, subject to a number of significant legal requirements, bring a common law damages claim against the negligent party (the defendant). To bring a common law claim they must also … Read More

Spinal Cord Injuries

Transport accidents account for about 40% of all spinal cord injuries in Victoria. The Transport Accident Commission (TAC) is required to compensate victims of transport accidents in Victoria. The TAC scheme provides no fault compensation that includes hospital and medical coverage, income support and an impairment lump sum benefit. The TAC scheme also provides for seriously injured accident victims to … Read More

Joint Injuries and Osteoarthritis

Where two or more bones come together in the human body you have what is called a joint. Examples of joints include elbows, hips, knees and ankles. We all know how wonderfully well joints work when we are uninjured. The reason joints work so well is that where two or more bones come together to form a joint, the end … Read More

Common Law Claims – Liability

The word liability is a legal term. It describes that part of a TAC common law claim that deals with how the accident occurred. It is best characterised by the expression – “Is the defendant liable to pay damages?” The defendant will only be liable to pay common law damages if it was the defendant’s negligence that caused the accident … Read More

Common Law Claims – Defences

In a common law damages claim, the person who brings the claim is called the Plaintiff. The person against who the claim is brought is called the Defendant. For the Plaintiff to succeed in a common law claim it is necessary to prove that the Plaintiff’s injuries were caused by the Defendant’s negligence. To be negligent, the Defendant must have … Read More

Traumatic Brain Injury

Traumatic Brain Injury (“TBI”) is a common injury in transport accidents. TBI’s are probably the most commonly undiagnosed injuries in a hospital setting. A mild TBI or concussive head injury often goes undiagnosed as the symptoms of the injury are often quite subtle and can mimic the side effects of pain killing medications. Further, transport accident victims often present to … Read More

Scarring

For those accident victims whose level of permanent impairment is determined by the TAC at less than 30%, a common law damages claim can still be brought, provided one of the four narrative definitions of “serious injury” contained in Section 93(17) of the Transport Accident Act 1986 is satisfied. One of the narrative definitions of “serious injury” is as follows: … Read More

What is a Settlement Conference?

Many aspects of the Victorian TAC scheme are governed by a system of voluntary protocols (“the TAC protocols”). The TAC protocols provide the method by which TAC claims are managed, including the management of TAC common law claims. Under the TAC common law protocols there is a requirement for the parties to explore the potential for a negotiated resolution of … Read More