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.


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


Contact our friendly team on (03) 5562 9100