Who pays after a crash in Victoria
Road injury claims in Victoria go through the Transport Accident Commission (TAC) under the Transport Accident Act 1986. It is a no-fault scheme: TAC pays medical expenses, income support and impairment benefits whoever caused the crash, including single-vehicle accidents.
What to do and when
Report the accident and lodge the TAC claim within 12 months (earlier is better; benefits can be limited for late claims). A common law damages claim has a 6-year limit and needs a serious injury finding first.
What you can claim
To claim common law damages you need a “serious injury”: either 30% or more whole-person impairment, or a serious injury certificate from TAC or the County Court under the narrative test, plus proof another party was at fault. Pain and suffering and economic loss are then capped at indexed amounts.
Beyond that, claims cover past and future loss of income, medical and rehabilitation costs, care, travel and equipment. Impairment lump sums are paid on a no-fault basis from 11% impairment, separate to any common law claim.
Passengers, pedestrians, cyclists and motorcyclists
You do not need to have been driving, or to hold insurance yourself, to claim. Passengers, pedestrians and riders injured by a negligent driver claim against that driver’s policy, and schemes that pay no-fault benefits cover them too.
If the driver was unregistered or drove off
Every state has a nominal defendant or equivalent that stands in for an unidentified or uninsured vehicle. These claims have shorter notice periods, so report the crash to police straight away and get advice early.
What you can claim
- Medical, hospital, ambulance and rehabilitation costs, past and future
- Lost wages and lost future earning capacity, including superannuation
- Pain, suffering and loss of enjoyment of life, where the state threshold is met
- Care provided by family or paid carers, and domestic help
- Travel to treatment, equipment, and home or vehicle modifications
Evidence to keep
Claims are won on what can be proved. Keep:
- Police report number and the other driver’s details
- Photos of the scene, vehicles and your injuries
- Dashcam and CCTV, which is often overwritten within weeks
- Names of witnesses
- Every medical visit from day one, including GP notes
- Pay slips and a record of days missed
What happens when you call
We ask what happened, where, when and who was involved. If it looks like you have a claim we match you with a panel lawyer in Melbourne who handles car accident matters, and they call you for a free first consultation, usually within one business day. If your claim has merit it is run on a no win no fee basis with a written costs agreement before any work starts. If it does not, we will say so rather than waste your time.
How long it takes
Straightforward claims with clear liability often settle within 12 months. Serious injuries take 18 months to 3 years because your injuries have to stabilise before they can be valued, and impairment assessments cannot be done earlier. Interim payments for treatment and income are available under most schemes while the claim runs.
Common questions
Do I have to report the crash?
Yes. A police report is a practical requirement for every CTP claim, and in most states a legal one where anyone is injured. Report it the same day if you can.
Can I claim if I was a passenger?
Yes. Passengers claim against the at-fault driver’s policy, including where the driver of the car they were in was the one at fault.
What if I was partly at fault?
In fault-based states your damages are reduced in proportion to your share of the blame, but not lost. No-fault schemes pay statutory benefits regardless.
What if the other driver was uninsured or drove off?
Every state has a nominal defendant or equivalent that stands in for unidentified or unregistered vehicles. Notice periods for these claims are shorter.
How long do I have in Victoria?
Report the accident and lodge the TAC claim within 12 months (earlier is better; benefits can be limited for late claims). A common law damages claim has a 6-year limit and needs a serious injury finding first.
What is my claim worth?
To claim common law damages you need a “serious injury”: either 30% or more whole-person impairment, or a serious injury certificate from TAC or the County Court under the narrative test, plus proof another party was at fault. Pain and suffering and economic loss are then capped at indexed amounts.
In more detail
Full guide to car accident claims in Victoria
Have you been involved in a motor vehicle accident that wasn’t your fault in Victoria? If so, our car accident lawyers can help you make a successful no win no loss claim for your injuries.
You are viewing state-specific information. If your motor vehicle accident took place in another state, you may be subject to different laws.
Need a car accident lawyer?
If you have been involved in a no-fault car accident in Melbourne or anywhere else in Victoria you may be entitled to compensation. In the State of Victoria, the road injury compensation scheme is managed by the Transport Accident Commission. They are the major provider of third party insurance which protects drivers from claims made against them.
Millner and Knight have a team TAC experts ready to help.
Third-party insurance has you covered
The Transport Accident Commission in VIC covers the person or driver of the insured motor vehicle.
The insurance policy works on a (fault) basis and covers for claims made against the driver for liability such as death or injury. The policy also covers the costs of medical treatment and expenses.
If you were injured in a motor vehicle accident that wasn’t your fault, you could be entitled to compensation for your injuries. For more information, or to find out if you can make a claim, call our car accident lawyers in Melbourne for free on 1800 106 107.
There is a couple of ways to go about making a claim against the insurer. The most common way to begin proceedings is to have your case assessed by a car accident lawyer in Victoria who practises in road accident compensation.
You can also lodge a claim yourself with Transport Accident Commission. However, we advise using a local solicitor if you want to achieve maximum compensation for your injuries.
How can our car accident lawyers help?
We have a panel of lawyers in Victoria who specialise in car and motor vehicle compensation. Some of the most common types of claims we handle are:
Car accident compensation
Every day we help people who have been involved in car accidents through no fault of their own get the compensation they deserve.
Our solicitors who specialise in car accident compensation will ensure that your claim is processed as soon as possible.
No matter what type of injuries you have suffered in a car crash, we have a personal injury lawyer in your locality that can help.
We handle all types of car accident compensation claims on a no win, no drama basis.
If you need to talk to someone about claiming compensation for your road traffic accident, speak to one of our Victoria-based personal injury solicitors for free on 1800 106 107.
Whiplash injury compensation
Whiplash is one of the most common injuries suffered in car accidents in Melbourne and throughout Victoria.
When vehicles collide, even at speeds as low as eight kilometres an hour the driver and passengers of the vehicle can be shaken violently back and forth.
While seatbelts work great to restrain your body and torso, your head is unprotected against external forces.
This causes the “whip effect” which commonly results in a whiplash injury.
If you’re wondering if you qualify to make a claim for whiplash? Or you feel uncertain about the circumstances of your accident we can help.
Motorcycle accident compensation
If you have been the victim of a motorcycle accident that was not your fault, you may be entitled to compensation.
No matter what type of injuries you have suffered, or whereabouts in Victoria it happened, our team of cycle accident specialists can help.
When you contact us, we will perform an assessment based on strict eligibility criteria and let you know whether you qualify for no win-no pay.
If we deem your claim to be valid for no win no pay, our lawyers will launch the necessary legal proceedings.
If you are making a claim on behalf of someone else, this also applies.
Contact our experts today to find out exactly how we can help you with motorcycle accident compensation.
Courtesy Vehicles
Every day we help people get back on the road in no fault no charge hire cars. If you have already spoken with your insurance and they are unable to temporarily replace your vehicle you can call us and we can quickly arrange one for you.
In most cases, we can have a replacement delivered to your home or place of work within the hour.
Why Millner and Knight?
We have some of the best car accident lawyers Melbourne has to offer and they are committed to getting you the maximum compensation for your injuries. Every day we help people injured through no fault of their own start their journey to compensation.
When you call us, we’ll never ask or pressure you into starting your claim with us. You will receive expert legal advice from a personal injury lawyer who has experience in cases like yours.
At the end of our phone call, it’s up to you whether you decide to take things further or not. If you wish to proceed, we can provide you with first-class legal representation anywhere in Victoria.
Millner and Knight has a number of branches throughout the state and handles all claims on a strictly no win, no fuss basis so win or lose, you won’t be left out of pocket.