Injured in a motor vehicle accident?

A person injured in a transport accident is entitled to compensation if:

• the accident occurred in Victoria or, if in another state or territory, the accident involved a Victorian registered motor vehicle; and
• at the time of the accident the person was the driver of, or a passenger in, the registered motor vehicle and was a resident of Victoria.
• ‘Transport accident’ means an incident directly caused by the driving of motor car or motor vehicle, railway train or tram.

A person injured in a transport accident may be entitled to:

No-fault compensation pursuant to the Transport Accident Act; and

Common law damages.

What are my entitlements?

Transport Accident Act
The Transport Accident Act establishes a scheme providing benefits for

• loss of wages/loss of earning capacity (weekly payments).
• medical and like expenses.
• Impairment benefits for an impairment greater than 10% pursuant to the AMA Impairment Guides.

The Transport Accident Commission (“TAC”) administers the scheme.

In respect to any common law claim and claim for impairment benefits, there is a six year limitation of actions period for institution of proceedings.

You should contact us without delay if you have been injured in a transport accident as it is important to act promptly.

Common Law
A person injured in a transport accident may be able to bring a common law claim for damages where:

• The person suffers a “serious injury” as defined in the Transport Accident Act; and
• The injuries occurred by reason of the negligence of the driver of a motor vehicle.

Serious Injury
Pursuant to the Transport Accident Act there are two ways by which a person injured in a transport accident can establish a “serious injury” for the purposes of a common law claim:

• If they have an impairment of 30% or greater pursuant to the American Medical Association Guidelines; or
• If they satisfy Section 93 of the Transport Accident Act and are accepted as having either:
  • a serious long term impairment or loss of body function;
  • a serious permanent disfigurement;
  • a severe long term behavioural disturbance or disorder; or
  • loss of a foetus.

Negligence It is necessary to establish negligence before a common law claim can succeed. Even if negligence can be established, damages may be reduced if contributory negligence can be established against the injured person.