Middle-aged man calling emergency services after a road accident | Henry Carus + Associates

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Every road accident is unique. As a result, each TAC claim needs to be assessed on an individual basis. Your TAC accident payout may be substantial if you suffered a serious injury in a transport accident, but legal representation is critical for obtaining maximum compensation.

According to the Transport Accident Commission (TAC), people who suffer a serious accident-related injury (such as a spinal injury or traumatic brain injury) are paid $2.25 million on average. Before you can make a claim for common law damages and additional benefits, you will need to prove that your injuries meet Victoria’s statutory threshold. That is where our TAC lawyers in Melbourne can help.

Henry Carus + Associates is not your average law firm. We offer personalised legal services and dedicate ourselves to securing the best outcome based on your specific situation. We strive to ensure that any TAC accident payout will cover your current expenses, provide you with financial support for the future, and achieve justice for your injuries and damages.

Call 03 9001 1318 today for a FREE, no-obligation consultation. Our TAC lawyers handle all types of transport accident claims in Melbourne and throughout Victoria.

Calculating a TAC Accident Payout

A person injured in a road accident in Victoria is automatically entitled to certain benefits. Other forms of compensation (such as common law personal injury damages and impairment benefits) are only available if you meet certain criteria.

A payout from the TAC may include:

Medical Expenses and Supports

The TAC is obligated to pay for reasonable medical expenses after a road accident. Supports and services that are generally covered by the TAC include:

Ambulance transport
Hospital care
Doctor appointments
Medical services
Allied health and physical therapies
Surgical procedures
Medical imaging (X-rays, ultrasound, CT scans, MRIs)
Basic medical aids
Prescription medications
Support services

Medical practitioners involved in your care are expected to abide by the TAC’s payment rates. You may be responsible for ‘gap payments’ if the cost of a treatment or service exceeds the TAC rate.

Henry Carus + Associates offer a one-of-a-kind Medical + Like Services Guarantee to all TAC clients. Learn how we can help get your medical expenses paid, at no cost to you.

Income Support

You may be eligible for income support from the TAC if your injuries cause you to miss more than 5 working days after a road accident. Workers are generally entitled to 80% of their regular wages, up to a maximum of $1,620 per week.

For many accident victims, going back to work is vital for their recovery and financial security. The TAC offers return to work support services such as counselling, referrals to healthcare practitioners, and more.

The TAC requires you to submit a Certificate of Capacity once every fortnight to receive income support payments. If you are unable to return to work at your prior capacity 18 months from the date of the accident, you may be entitled to loss of earnings capacity (LOEC) benefits.

Common Law Compensation

TAC accident payouts are generally much higher when common law damages are involved. Common law damages are associated with additional losses due to serious injuries. These include pain and suffering and loss of past and future earnings.

Claims involving serious injuries tend to be much higher because of common law damages. As we mentioned above, the average payout from the TAC for a serious injury is $2.25 million. During your FREE consultation, our lawyers can discuss the potential value of your claim.

At present, common law damages for past and/or future earnings (known as pecuniary losses) are capped at $1,493,170. The maximum compensation available for pain and suffering is $663,580. A skilled TAC transport accident lawyer can calculate the extent of damages and ensure the payout fully reflects your loss.

Common law compensation may only be obtained if you suffer a serious injury in a transport accident (as defined by TAC legislation). Examples include:

Injuries resulting in long-term impairment or disability of a bodily function
An injury that causes permanent disfigurement
Injuries resulting in severe mental or behavioural issues
The loss of a foetus in a motor vehicle accident
30%+ permanent impairment

You will also need to prove that someone else was at fault for the accident to recover common law compensation. Henry Carus + Associates have a detailed understanding of the rules for proving fault in road accidents. We waste no time collecting evidence of negligence on the part of the other driver.

Impairment Benefit

The TAC pays an impairment benefit if you suffer a permanent physical or mental injury as a result of a transport accident. Impairment may only be assessed by qualified medical practitioners, and you are only eligible for the benefit if the degree of impairment is found to be 11% or more.

You may need to attend multiple medical examinations for your impairment to be fully assessed. The entitlement you are due is based on the percentage of permanent impairment.

Level of Impairment	Impairment Benefit Amount
11%–20%	$9,350–$25,420
21%–30%	$27,960–$50,820
31%–40%	$53,360–$76,220
41%–50%	$78,760–$102,140
51%–60%	$105,100–$132,190
61%–70%	$135,600–$166,290
71%–80%	$169,700–$203,400
81%–90%	$210,150–$277,990
91%–100%	$291,560–$427,160

Sometimes disputes arise concerning a claimant’s injuries and their entitlement to impairment benefits. Our lawyers can push for the TAC to review the decision or, if necessary, have the matter referred to the Victorian Civil and Administrative Tribunal (VCAT).

The totality of benefits and other compensation represent the overall value of a TAC accident payout. No two claims are exactly alike, so the only way to know what entitlements you have and how much compensation you can expect is to consult an accident lawyer well-versed in TAC claims.

At Henry Carus + Associates, we are not average. Neither are you or your injuries. While we can provide you with an expert answer to the question ‘What is the average TAC payout?’, our main focus is obtaining full compensation based on your particular situation. Because You Deserve More.

What Is the Maximum Payout for a Road Accident?

We consider multiple factors when evaluating the compensation available for a car accident or other transportation incident in Victoria. Some of the most common questions we get from clients of the TAC include:

How Do I Know If I Have a Serious Injury?

An injury or combination of injuries must meet the threshold set by the TAC to be considered serious. Our TAC accident lawyers can seek a Serious Injury Certificate and help guide you through any required medical assessments.

How Much Can I Claim for Pain and Suffering?

Pain and suffering damages compensate you for the physical pain of your injuries, the toll on your mental health, and the loss of enjoyment of life you experience following a serious road accident. As of July 2024, the TAC caps pain and suffering at $663,580. We collect evidence showing all the ways the accident has impacted your life to advocate for maximum common law damages.

How Much Can I Claim for Past and Future Earnings?

If you have lost earnings as a result of the accident and will continue to see loss of earnings in the future due to a serious injury, you can claim up to $1,493,170 in pecuniary losses. Financial records can establish the wages you have lost to date, while expert testimony is often necessary to prove the earnings you will lose in the future.

What If My Injuries from the Road Accident Were Minor?

First, do not assume that your injuries are minor. You should seek medical attention as soon as possible. If doctors determine that your injuries are relatively minor (such as mild whiplash, a broken bone that will fully heal in time, etc.), you would likely only be entitled to compensation for medical expenses, support services, and income support if you miss work.

How Do I Prove I Wasn’t at Fault for the Accident?

Fault for a transport accident isn’t always clear-cut. Evidence such as photographs of the positioning of the vehicles and the location of damage, witness testimony, and more can help prove that the other driver was at fault. This is essential for maximising the damages in a common law claim.

What Is the Role of the TAC in a Common Law Claim?

In Victoria, virtually all drivers have compulsory third party insurance through the TAC. As such, the TAC effectively acts as the insurer for the at-fault driver when you make a common law accident claim. This means the TAC has a vested interest in minimising your common law damages payout. Having a capable legal team on your side is of the utmost importance for recovering all losses.

How Long Does It Take to Settle a Common Law Claim?

On average, it takes about 12 months to reach a settlement in common law matters. The TAC’s Common Law Protocols create a framework for efficiently resolving claims. Henry Carus + Associates specialise in TAC accident claims and have extensive experience with these protocols, enabling us to reach favourable settlements quickly and, in most cases, without having to go to court.

Can I Make a TAC Claim If I’m Not a Resident of Victoria?

Out-of-state visitors can lodge a TAC claim if (a) they were injured in a motor vehicle accident in Victoria and/or (b) the vehicle was registered in Victoria. It is vital to choose a law firm located in the community where the accident took place, as that provides the greatest likelihood of success. Local lawyers understand their state’s compensation scheme, as well as knowledge of the area where the accident occurred, providing you with the best possible representation.

Get the Maximum TAC Accident Payout

Motor vehicle accidents can result in serious, life-altering injuries. You may be entitled to significant compensation, but the TAC doesn’t make it easy. Henry Carus + Associates can fight for the full benefits you are entitled to, as well as common law damages if another driver’s negligence caused you severe harm.

Our lawyers view you as an individual, not a file in a folder. We are personally invested not only in the outcome of your claim, but your well-being and future.

Clients who are seriously hurt in road accidents often have a lifetime relationship with the TAC. Our team is here for you throughout that journey, helping you get necessary medical expenses paid and fighting for common law and impairment benefit payouts.

Call Henry Carus + Associates at 03 9001 1318 today. During your FREE, no-obligation consultation, we will identify all TAC entitlements you are due and start preparing a strong claim on your behalf.