Maurice Blackburn

Do I have a TAC claim?

Individuals injured in the recent tragic bushfires may be entitled to compensation from the TAC.  An individual is entitled to compensation from the TAC if he or she sustained injuries that were caused by a 'transport accident'; i.e. - incident directly caused by the driving of a motor vehicle (including a motorcycle, railway train or tram).

Dependants of a person who dies as a result of injuries caused by a transport accident are also entitled to compensation from the TAC.

The question of whether an incident causing an injury was a transport accident can involve complex questions of fact and law.

The media reports regarding the fires suggest that many people were injured and killed in cars whilst trying to flee the fires.  Any individual who was injured in the fires in an incident that might indeed have been a "transport accident" should lodge a TAC claim.  So too should the dependants of any individual who was killed in the fires in an incident that might indeed have been a "transport accident".

There is a strict 12 month time limit on lodging a TAC claim, which generally starts to run from the date of the accident.  If the injury, which is directly caused by the transport accident, manifests some time after the accident, the time limit for making a claim will begin to run from the date of manifestation of the injuries.

In all circumstances, someone who thinks they are entitled to compensation from the TAC should make a claim for compensation within 12 months of the accident or manifestation of their injuries.

An exception to the 12 month time limit does exist, however, so anybody who believes they are entitled to compensation from the TAC should nevertheless make a claim if more than 12 months but less than three years have elapsed since the accident or the date of the first manifestation of the injuries caused by the accident.   The TAC will only accept a claim submitted after 12 months have elapsed since the accident or manifestation of the injuries but before three years after the accident or manifestation of injuries have elapsed if there are reasonable grounds for the delay in making a claim.

If the TAC decides to refuse a claim for compensation for any reason, the injured person should consult one of our TAC lawyers to seek advice about the prospects of successfully overturning the TAC's decision.

There is a strict 12 month time limit on seeking review of any aspect of any decision the TAC makes.  An Application for Review of the decision in question must be lodged at the Victorian Civil and Administrative Tribunal within 12 months of the date in which the person whose interests are affected by the decision became aware of the decision.  In all cases, we recommend that an Application for Review be lodged at the Victorian Civil and Administrative Tribunal, if there are grounds to challenge the decision, within 12 months of the date of the decision in question if it is possible to do so.

Want to know more?

Our team of expert TAC lawyers are happy to advise you on your situation during a free first consultation. For advice and help with a claim, click here to be to be contacted by a member of our team or call 1800 810 856.