By James Stevens, Director and Solicitor, Go To Court Lawyers. Last reviewed 10 April 2026.
Key points
- The TAC pays for people injured in Victorian transport accidents: drivers, passengers, pedestrians, cyclists and e-scooter riders.
- Lodge within 12 months, with a police report number and written details of your injuries.
- Income support: in most cases 80% of your gross income, up to $1,730 a week, for up to 18 months, after more than 5 days off work.
- Impairment lump sum: for permanent impairment of more than 10%; for example $53,780 for a 30% rating (1 July 2026 rates).
- Common law "payout": needs a serious injury (generally 30% or more impairment, or a serious long-term impact) and someone else at fault. As at 1 July 2026 the limits are a $70,130 threshold, a $701,620 maximum for pain and suffering and a $1,578,760 maximum for lost earnings.
- Common law time limit: generally 6 years from the accident.
- For advice on a TAC claim or a serious injury application, call 1800 577 015 at any hour: free general legal information, and a 60-minute consultation with a lawyer who practises in Victoria for a fixed $295.
In Victoria, people injured in transport accidents claim through the Transport Accident Commission (TAC) within 12 months; it pays treatment, income support of 80% of gross income up to $1,730 a week for up to 18 months, and an impairment lump sum for permanent impairment over 10%. A common law claim for pain and suffering and lost earnings needs a serious injury and someone else at fault, with, as at 1 July 2026, a $70,130 threshold and maximums of $701,620 for pain and suffering and $1,578,760 for lost earnings.
Checked on 23 October 2026 against the Transport Accident Commission.
Who can claim from the TAC
In Victoria, compensation for people hurt in road accidents comes from the Transport Accident Commission (TAC), funded by the transport accident charge paid with vehicle registration. You can claim if you were injured (including a mental injury), or a family member died, in a transport accident in Victoria caused by the driving of a motor vehicle, motorcycle, bus, train or tram. That includes drivers, passengers, pedestrians, cyclists and e-scooter and e-bike riders, and cyclists who hit a parked vehicle.
The TAC's treatment, income support and impairment benefits do not depend on proving that someone else caused the accident. Common law compensation, the larger lump sum people often call a "payout", needs both a serious injury and someone else at fault (see below).
How to make a TAC claim
- Report the accident to police if you have not already. The TAC needs the police report number, or the officer's name, badge number and station (public transport accidents are reported to the operator instead).
- Get medical care and written documentation listing your accident injuries, such as a hospital discharge summary, a certificate of capacity or a doctor's letter. Without it the TAC cannot lodge the claim.
- Lodge your claim within 12 months of the accident, or of when an injury from it first became evident. The TAC's policy sets out some exceptions.
- Injured at work? If you were working at the time, make a WorkSafe claim before a TAC claim.
Income support while you cannot work
| Your gross weekly income | TAC income support (in most cases) |
|---|---|
| Less than $865 | 100% of your income |
| 80% of it is less than $865 | $865 a week |
| 80% of it is between $865 and $1,730 | 80% of your income |
| 80% of it is more than $1,730 | $1,730 a week |
- Dependants: the $865 figure is for someone with no dependants; it is $1,109 with one dependant, plus $79 for each further dependant (paid only if it is less than 100% of your weekly income).
- Who qualifies: you must have had more than 5 days off work because of your accident injuries, and you need a certificate of capacity from your doctor to be paid each fortnight. Partial payments are possible if you return on reduced hours.
- How long: loss of earnings benefits are payable for up to 18 months from the accident (or from when the injury first showed). After that, if you still cannot earn as before, you may get loss of earning capacity benefits.
Impairment lump sum
If your injuries leave you with a permanent impairment of more than 10%, assessed by an independent specialist doctor, an adult receives a one-off lump sum. Children rated 11% or more get a small weekly benefit until 18. The amounts from 1 July 2026, where D is your impairment percentage:
| Impairment rating | Impairment benefit |
|---|---|
| 10% or less | Nil |
| 11% to 19% | $8,060 + (D minus 10) x $1,830 |
| 20% to 49% | $26,880 + (D minus 20) x $2,690 |
| 50% to 59% | $107,990 + (D minus 50) x $3,130 |
| 60% to 79% | $139,770 + (D minus 60) x $3,610 |
| 80% to 89% | $215,060 + (D minus 80) x $7,160 |
| 90% to 99% | $293,920 + (D minus 90) x $14,350 |
| 100% | $451,650 |
For example, a 30% rating gives $26,880 + 10 x $2,690 = $53,780. The amounts are indexed each financial year. You have 12 months from when you learn of the TAC's decision to ask for a review of your rating.
Common law compensation for a serious injury
- Who is eligible: someone else must be at fault, or partly at fault, and your injuries must meet the legal definition of a serious injury in the Transport Accident Act 1986.
- Serious injury: a single significant injury or a combination of injuries with an impairment of 30% or more, or an injury that qualifies because of its long-term impact on your life. Your injury usually needs to be stable before it can be assessed.
- What it covers: pain and suffering, and loss of past and future earnings, paid by the TAC on behalf of the person at fault, on top of your treatment and support.
- Limits as at 1 July 2026:
| Common law limit | Amount |
|---|---|
| Threshold (minimum amount) | $70,130 |
| Maximum for pain and suffering | $701,620 |
| Maximum for loss of past and future earnings | $1,578,760 |
- Time limit: in most cases, start your common law claim within 6 years of the accident, or within 6 years of turning 18 if you were under 18 at the time. A court can extend time only in exceptional cases.
- How long it takes: the TAC says the average is 12 months from lodging to settlement; simple cases can take a few months and complex ones two years or more. If the TAC and you cannot agree, a judge decides.
- Other payments: a common law settlement can affect your impairment lump sum, loss of earning capacity and other TAC benefits, and Centrelink payments.
- Uninsured or unknown drivers: you can still claim if the at-fault driver was uninsured or cannot be identified.
- Lawyers: you do not need a lawyer for the TAC to consider whether you are eligible, but you will need one to negotiate and settle. The TAC recommends a firm that works within its Common Law Protocol.
Help
| Service | Number | Hours |
|---|---|---|
| Transport Accident Commission | 1300 654 329 | 8:30am to 5:30pm, Monday to Friday |
| Victoria Legal Aid | 1300 792 387 | 8am to 6pm, Monday to Friday |
How Go To Court Lawyers can help
Our free line, 1800 577 015, answers at any hour. Jen, our AI legal information assistant, gives general legal information and takes your details; Jen is not a lawyer and does not give advice about your case. A 60-minute consultation with a lawyer who practises in Victoria is a fixed $295, by phone, video or in person where the lawyer offers it. The lawyer can advise whether your injuries may meet the serious injury test, who was at fault, the time limits, and what a common law claim could be worth. Requests are taken at any hour; how soon a lawyer can see you depends on who is available. Request a $295 consultation.
General information only, not legal advice. Updated 23 October 2026. Checked against the Transport Accident Commission's pages on who can make a claim, how to make a claim, income support, how long loss of earnings benefits are payable, impairment benefits and what your rating means, impairment payments for accidents on or after 16 December 2004 (1 July 2026 rates), and common law compensation (limits as at 1 July 2026), on 23 October 2026.