Injured in a road accident?
Road accidents can lead to physical and psychological injuries, and the steps you need to take afterwards can seem overwhelming.
At Slater and Gordon, we’ll help you through the road accident claims process, so you can focus on your recovery.
Am I eligible to make a claim?
You may make a claim in a range of circumstances, including:
You’ve been injured in a car accident or motorcycle accident, no matter the cause.
You’ve been injured in a motor vehicle accident whilst working, including on the road or off-road (e.g. in a tractor, quad bike or forklift accident).
If you were a pedestrian or cyclist involved in a road accident.
You were injured on public transport.
A child or dependent of yours has been injured on the road.
You’ve suffered psychological trauma as a result of an immediate family member being fatally injured on the road.
You were involved in a truck accident.
You’ve been injured in a car accident or motorcycle accident, no matter the cause.
You’ve been injured in a motor vehicle accident whilst working, including on the road or off-road (e.g. in a tractor, quad bike or forklift accident).
If you were a pedestrian or cyclist involved in a road accident.
You were injured on public transport.
A child or dependent of yours has been injured on the road.
You’ve suffered psychological trauma as a result of an immediate family member being fatally injured on the road.
You were involved in a truck accident.
One of the most important things to do right now is to understand your options by seeking legal advice as soon as possible.
Your entitlements
You may be entitled to benefits whether or not you were at-fault in the accident:
- Medical expenses and care
- Weekly payments for loss of income
- Lump sum impairment benefits
- Other expenses such as rehabilitation equipment and medical aids, and home and vehicle modifications
Are there time limits?
Yes, in most cases a claim with the TAC must be lodged within 12 months of the accident. The sooner your claim is lodged and accepted, the sooner you can access compensation.
Get in touch with us as soon as you can and we can help you with your next steps.
How to make a motor vehicle accident claim
Every TAC case is different. But here is an outline of some of the steps you might go through when making or disputing a claim.
In this appointment, we’ll answer any questions and help you decide on the best course of action for you.
You'll need to make a claim with the insurance company or government agency that manages these types of claims in your State. In Victoria, this is the TAC.
Once you choose Slater and Gordon, we’ll begin gathering evidence on the accident to prepare your case.
You might need to get an independent medical examination to assess your injuries. We’ll arrange these appointments for you.
If you pursue a common law claim, we’ll handle the paperwork, lodge court documents on your behalf, explain the legislation as it applies to your case, and negotiate with insurers and opposing legal counsel during mediation. If your claim proceeds to trial, we’ll represent you.
We’ll help support you at every step of your journey to get you the compensation you deserve. While it’s very rare for cases to proceed all the way to court you can be confident of the best legal representation including a specialist barrister when it’s required.
How we can help
Our motor vehicle accident lawyers are among the most experienced in the country, supported by a nationwide network to ensure you have the right lawyer for your jurisdiction and circumstances.
Whether you decide to pursue a TAC claim or a common law claim, our legal experts can guide you through the process from start to finish. With years of experience assisting injured motorists, we’re well-positioned to advise you on what you can and cannot claim, helping you understand what’s possible and what information is required to support your case.
If court proceedings become necessary, our lawyers will help you navigate the legal process with minimal disruption to your recovery.
In-home or in-hospital appointments
Free social work services
Frequently asked questions
Seek medical attention if you’ve been injured during a road accident, even if you think you have minor injuries. To help with your claim, it helps to:
- Make a police report
- Get a medical certificate
- Start your claim – you can lodge one yourself or we can lodge one for you
After a motor vehicle accident in Victoria, your medical expenses and lost wages are typically covered if you submit the required TAC forms. However, this doesn’t include compensation for other areas such as pain, suffering or future financial losses that you may be entitled to. Seeking legal advice early on can help ensure you’re fully compensated for what you’re entitled to under the law, helping secure your long-term recovery.
Transport Accident Commission (TAC) claims process can be complex, and having an experienced lawyer on your side can help make a significant difference to the amount of compensation you receive and the time taken to receive it.
Understand more about why I need a TAC claim lawyer.
A standard TAC claim typically provides benefits for anyone injured in a motor vehicle accident in Victoria, regardless of who was at fault. The TAC covers medical expenses, rehabilitation costs, lost income, and support services, but it generally doesn’t compensate individuals for pain and suffering or long-term financial losses.
In contrast, a common law claim allows you to seek additional compensation if another party’s negligence caused the accident. Common law claims generally provide more substantial compensation, including damages for pain and suffering and loss of future earnings.
Common law payouts are often significantly higher than TAC claims and can safeguard you against unforeseen future medical expenses or ongoing care.
Some examples of common law claim payouts include:
- 21-year-old man sustained serious injuries after a collision in a small suburban street, leading to an out-of-court settlement of $908,236.
- Person acquired brain injury, resulting in common law damages for pain and suffering and economic loss totalling $660,000.
- A pedestrian was hit by a car and sustained catastrophic injuries requiring a hip replacement. They received $200,000 in common law damages for pain and suffering, along with an impairment benefit of $22,370.
Filing a police report is a vital part of your claim after a motor vehicle accident. By making a police report, you are protecting your legal rights and entitlements.
Even you were at fault, you may still be entitled to compensation, especially if you were injured or unable to work because of your injuries.
Meet the team
When you work with us, you’ll have your own team of legal experts looking after your case. Experienced and always working for your success, they will work closely with you to achieve the best outcome possible.