Can I Claim TAC Benefits Anytime After an Accident?

A TAC claim lawyer at Henry Carus + Associates can review the details of your transport accident and determine if you are eligible for benefits and other compensation. One of the most important considerations is whether you have time to lodge a claim.

TAC accident claims are subject to strict time limits and deadlines. If you wait too long to make a claim, you might miss your opportunity for compensation.

Please call 03 9001 1318 for a FREE, no-obligation consultation with a TAC claim lawyer. Henry Carus + Associates serve clients in Melbourne and throughout VIC.

Are You Eligible for Benefits?

First, it is important to know whether you have a valid TAC claim. The TAC covers injuries in motor vehicle collisions that meet the statutory definition of a ‘transport accident’:

‘A “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. To be entitled to compensation the person’s injury must also be directly caused by the driving of a motor vehicle, a railway train or a tram.’

– Transport Accident Commission

In addition to injuries arising from transport accidents, the TAC also provides benefits to eligible family members whose loved one dies as a result of a road accident. Again, it must be shown that the ‘driving of a motor car or motor vehicle, a railway train or a tram’ directly led to your relative’s death for your family to be eligible for benefits.

TAC benefits are provided on a no-fault basis. You may be entitled to additional common law compensation if you sustain what the TAC recognises as a ‘serious injury’ in a transport accident for which someone else (e.g., the other driver) was at fault.

How Long Do I Have to Lodge a TAC Claim?

Now that you understand your eligibility for TAC benefits after a transport accident, it is important to be aware of the time limits that apply. Claimants do not have an unlimited amount of time to lodge a claim with the TAC. If you miss a deadline, you might forfeit your right to no-fault benefits and other compensation.

It is in your best interest to consult a TAC claim lawyer promptly in the event of a road accident. A qualified lawyer can ensure that your claim is lodged before the following time limits expire:

1 Year

As a rule, TAC accident claims must be lodged no more than 1 year from the date of the crash. Claims can be lodged directly with the TAC by telephone. Alternatively, if you are taken to hospital following a motor vehicle accident, the hospital can complete and submit the claim form on your behalf.

Some car accident injuries do not manifest immediately. In this situation, the TAC may accept claims up to 1 year from the date the injury becomes apparent.

3 Years

The TAC may consider claims lodged after the time limit expires if the following conditions are met:

• The claim ‘is made within three years of the transport accident or the date when the injury first manifests itself, and
• ‘reasonable grounds exist for the delay in making a claim.’
  – See Transport Accident Commission, Making a Claim for Compensation

What constitutes ‘reasonable grounds’ for a delay is difficult to say. A lawyer with detailed knowledge of the TAC claims process can review your case and advise you whether the TAC might consider a claim lodged after the initial 1-year deadline.

However, it is important not to rely on the TAC making an exception. If you have been in a motor vehicle accident, you should seek medical attention straight away and lodge a TAC claim as soon as possible.

How Long Do I Have to Claim Benefits?

The time limits discussed above concern how long you have to lodge a TAC claim after a transport accident. After you have filed a claim, it is also important to be aware of how long you have to claim benefits to which you may be entitled. These may include:

Payment of Medical and Like Expenses

Generally, an application for payment of medical expenses and like services must be made no later than (a) 3 years from the date of the transport accident or (b) 2 years from the date that a covered medical or like expense is incurred.

Read More: What Medical Expenses Does TAC Cover?

Income Support

Your right to income support benefits is contingent on you lodging a claim within 1 year of the road accident or when an injury from the accident manifests. In addition, a Certificate of Capacity signed by an authorised healthcare provider must be provided to the TAC at least 5 working days prior to the next pay date.

Common Law Compensation

If someone else is fully or partly responsible for a transport accident that causes you serious injury, claiming common law compensation can help you recover personal injury damages not covered by TAC no-fault benefits. This includes pain and suffering and loss of earnings.

A claim for common law compensation must be lodged:

• 6 years from the date of the accident
• 6 years from the date that an injury from the accident manifests
• 6 years from the claimant’s 18th birthday (if the claimant was a minor at the time of the accident)

TAC has arrangements to extend the time period if, before the 6-year period, a request is made for a serious injury certificate. It is best if you speak to a personal injury law firm like Henry Carus + Associates to seek such extension if the 6-year time period is approaching.

Impairment Benefits

TAC claimants whose impairment rating from their injuries is assessed at 11% or higher may be entitled to an impairment benefit. The impairment benefit is a one-time lump sum payment for those who sustain permanent loss of function as a result of a transport accident.

Claimants may need to request that the TAC make a determination on impairment and their right to benefits. If a request is not made, TAC may not turn their minds to the entitlement to an impairment assessment lump sum amount, and such compensation will not be then available to the injured person.

Speak to a TAC Claim Lawyer Today

At Henry Carus + Associates, we believe You Deserve More. Our unparalleled expertise in TAC claims enables us to maximise compensation for our clients.

We offer a unique Medical + Like Support Service. If the TAC refuses to pay for medical expenses and like services, our lawyers will seek to get these benefits paid as quickly as possible and at no cost to you.

Contact Henry Carus + Associates today to discuss your TAC claim.