Note: Information contained in this blog is for the state of Victoria, Australia.

Can I make a TAC claim if I was injured outside of Victoria?

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TAC Claims for Injuries Outside Victoria

The Transport Accident Commission (“TAC”) is operated by the Victorian government, and so is mostly concerned with providing benefits to people injured on Victorian roads. However, there are times when you might be entitled to make a TAC claim even if you were injured in another state or territory.

When Can You Make a TAC Claim for Injuries Outside Victoria?

If you are injured in another state, the unfortunate reality is that police, hospitals and the doctors that you speak to will normally not know enough about Victorian law to suggest that you make a TAC claim. This can lead to confusion and leaves many people out of pocket for expenses that no one tells them they can claim.

You may be able to make a TAC claim for compensation even if you were injured outside of Victoria if your accident involved a Victorian registered vehicle, and either:

1.      You normally live in Victoria; or

2.      You were in the Victorian registered vehicle during the accident.

So, for example, imagine that you normally live in Victoria and drive your Victorian registered vehicle up to Queensland. Your cousin who normally lives in Brisbane borrows your car, but doesn't pay attention, and reverses into you while pulling out of the driveway, injuring you.

You would normally be able to make a TAC claim, as the car that hit you is Victorian registered, and you normally live in Victoria.

After they hit you, your cousin panics and drives forward at speed, hitting the fence, and injuring themselves.

Normally, your cousin would also be able to make a TAC claim, as they were in a Victorian registered vehicle when the accident occurred.

Making a TAC Claim vs. an Interstate Claim

If you’re injured interstate, you might be entitled to make a TAC claim, but also to make a claim in that state, under their rules (for example, with a NSW “green slip” insurance company). If you make both, you must tell the TAC. You will likely also have to tell the other organisation, depending on the specific rules of that state.

When you make claims for the same injuries both with the TAC and an interstate organisation, the TAC can choose to terminate your claim in Victoria. They can then seek reimbursement for any expenses they have paid, so it’s important to be cautious before making an interstate claim.

Whether a TAC claim or an interstate claim is right for you depends on your individual circumstances. If you’ve been injured in a state other than Victoria and you’re not sure what the right option is for you, you can book in for a free consult to discuss.

You have only one year from the date of your accident to lodge a TAC claim, and the interstate time-limits can be even shorter. As a result, it’s better not to put off making a decision about your claim.

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Scott Millington, the principal lawyer at Millington Legal, is a highly experienced personal injury lawyer who specializes in helping clients who have been injured in transport accidents. With a decade of experience in the field, Scott is committed to providing expert legal representation and support throughout the claims process to help his clients get the compensation they deserve.

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