What should you ask about TAC and common law road accident claims in Victoria?

In summary: In Victoria, a road accident claim can involve TAC support and, for some serious injuries, a separate common law claim. Rather than relying on outcome claims, look for clear advice about both pathways, the evidence involved and the costs. This article explains the practical questions that can help you assess your options.

What should you look for when both TAC and common law issues apply?

After a road accident, comparing claim information while managing treatment, work and day-to-day life can leave you unsure where to begin. A claim that raises both TAC and common law questions has a clear pathway to examine, even though the details turn on your circumstances.

In Victoria, TAC means the Transport Accident Commission. It is a no-fault scheme, so support can be available even when fault isn’t the main issue. Depending on your situation, TAC support can include medical treatment, hospital care, rehabilitation and income support.

A common law claim is a separate legal claim. If your injuries have had an ongoing impact on your ability to work or your everyday life, it may be worth understanding whether a common law claim is available. It can include pain and suffering or loss of future earning capacity where the legal requirements are met.

When you speak with us, useful questions include:

• Do you explain how a TAC claim and a common law claim differ?

• What medical, accident and employment records are relevant to my situation?

• How do you assess whether the serious injury requirements apply?

• What happens if TAC reduces, stops or disputes support?

• How will costs work for my matter?

We can take over the TAC forms, medical certificates and correspondence, then explain what each step means for your claim.

Can anyone promise a strong outcome for a road accident claim?

No one can responsibly promise a result or rank legal help by outcomes. The facts of the accident, the medical evidence, the effect of your injuries, the available records and the legal requirements shape what happens next.

A useful conversation should give you a practical explanation of the claim process rather than an outcome promise. It should also make clear whether the discussion covers TAC entitlements, a possible common law claim, or both.

Do you need help with a TAC claim before considering common law?

A TAC lawyer can advise you on your rights and entitlements and guide you through the process of claiming compensation. Early questions often concern the information TAC needs, treatment approvals, income support and letters that affect payments.

Common law claims have different requirements. A discussion with a specialist TAC compensation lawyer about both pathways can help clarify which documents matter, whether your injuries meet the relevant test and how the processes fit together. Time limits apply, so it helps to understand the relevant requirements for your circumstances.

What information can help us assess your situation?

You don’t need to have every document before speaking with us. The records below can help us understand what happened and what support you need:

• accident details, including any report or reference number

• TAC letters, decisions and claim information

• medical certificates, treatment records and specialist reports

• employment information, payslips and details of time away from work

• notes about how your injuries affect everyday activities

We handle road accident claims in Victoria, Queensland, Western Australia and the Northern Territory.

If you have some of these records, we can review the TAC paperwork and medical material with you, identify what is missing and outline the next steps in plain English.

How do costs work when you ask us to help?

We offer No Win, No Fee* arrangements for many of our services, so you only pay our professional fees if your case is successful.

Costs can depend on the work involved in your matter. We can explain the fee arrangement and any questions you have before you decide what to do.

Get in touch

A TAC decision, medical appointments and questions about work can make it hard to see the full picture after a road accident. We can help you understand where you stand and what options may be available to you. When you have your TAC letter or medical records handy, you can use our online claim check or call us on 1800 111 222.