Bicycle Network: Bicycle Network Victoria Membership
The Transport Accident Commission (TAC)
Who are the TAC and what do they have to do with bike riders?
The Transport Accident Commission (TAC) is a Victorian Government-owned organisation set up in 1986.
The role of the TAC is to pay for treatment and benefits for people injured in transport accidents. It is also involved in promoting road safety in Victoria and in improving Victoria's trauma system.
Funding used by the TAC to perform these functions comes from payments made by Victorian motorists when they register their vehicles each year with VicRoads.
If you have been injured in a crash involving a motor vehicle, you may be eligible to make a claim with the TAC.
Our partner law firm, Maurice Blackburn, are experts in assisting people receive a fair go with their entitlements from the TAC. If you are a member of Bicycle Network Victoria and you need assistance, contact our Riders' Rights Officer. Members are eligible for a free consultation.
Q. How do I lodge a TAC claim?
A: First, call TAC on 1300 654 329. TAC staff will partially complete a TAC claim form over the phone, then send it to you to complete, sign and return. You must do this within 12 months of the date of the accident.
Q: Can I claim for my injuries in a bike accident, even if a driver does not touch me or my bike?
A: Yes, you can claim if the driver of the vehicle has come too close, or has cut you off, causing you to crash.
Q: What if a car is not moving?
A: You can claim for injuries you suffer when someone opens a door into your path, or if you hit an already open door.
Q: Can I still claim, even if I do not see the driver who hit me?
Q: How can I claim medical expenses?
A: TAC will start paying for your treatment once you have incurred treatment to the value of $584 unless you stayed in hospital overnight or all day, in which case the TAC will pay for all of your treatment. The TAC will pay reasonable medical expenses. How long you need the treatment for depends on what your doctor and other treating practitioners say.
Q: What if TAC tries to cut my treatment?
A: If the TAC tries to cut the amounts of treatment, or will not pay the full amount, you should seek legal advice. These decisions can be challenged.
Q: What if the TAC rejects my claim or a benefit I have claimed?
A: You have 12 months to challenge any TAC decision. Get legal advice.
Q: Can I claim for injuries, even if the accident is my fault?
A: Yes, provided it involved a motor vehicle, tram, train or bus.
Q: Is there a time limit to lodging a TAC claim?
A: Yes. You must lodge a claim within 12 months of the date of the accident. This might be extended for up to three years from the date of accident, but only if the TAC accepts the claim. You would need to be able to explain the delay.
Q: Can I claim a loss of earnings benefit ?
A: Yes, although TAC does not ordinarily pay for the first 5 working days after your accident. However TAC may do so, in very special cases, if you can prove severe financial hardship. Loss of earnings benefits are calculated at 80 % of your pre- accident average weekly earnings and can continue for as long as 18 months. After 18 months a similar benefit called a Loss of earnings capacity benefit may be payable for a further 18 months.
Q: What if I was not actually employed at the time of the accident?
A: You may still be able to claim loss of earnings. Every case is different, and you should seek legal advice.
Q: If I have a permanent injury, can I claim lump sum compensation?
A: Yes. There are two types. There is a no fault benefit, called an “impairment benefit”. There is a fault based benefit called “common law”. You should get legal advice if you have a permanent injury from a transport accident to see if you may be entitled to claim these benefits.
If you would like assistance or legal advice, contact our Riders' Rights Officer.