TAC Common Law Claims

The benefits payable to accident victims are indexed from 1 July each year.  They are indexed under Section 61 of the Transport Accident Act 1986.  Click here to see the latest list of indexed benefits from 1 July 2023. ...

A TAC common law claim can be brought by a seriously injured TAC claimant.  The seriously injured claimant seeks common law damages.  The claimant must show that their injuries were caused by the negligence of another person. Negligence – proving liability For a successful TAC common law claim, a claimant must prove that another was negligent.  Usually, the negligent party ...

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 ...

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 ...

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. Proving Negligence For a Plaintiff to succeed it is necessary to prove that the Defendant was negligent.  That is, that the Defendant’s negligence caused the Plaintiff’s injuries. To be negligent, the Defendant ...

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 ...

TAC claimants who suffer a “serious injury” and can prove that the negligence of another person caused their injury, can bring a common law damages claim. In our experience, most common law damages claims resolve within about 12 months of the accident victim retaining us to act. When a common law damages claim resolves there are a number of implications ...