Can I make a TAC claim even if the accident was my fault?
Please note - this blog is written for people who have been injured in motor vehicle accidents in Victoria, Australia.
The short answer is yes. You can make a TAC claim (a claim with the Transport Accident Commission) even if the accident was your fault.
With very rare exceptions, everyone injured in a motor vehicle accident in Victoria is entitled to make a claim for compensation with the Transport Accident Commission (TAC). These entitlements can include treatment for medical expenses, loss of earnings, and the impairment benefit (a one off payment to compensate for a permanent injury).
However, there may be some changes to the available benefits, depending on the circumstances of your accident.
Examples of circumstances that can affect your entitlements
- If you are convicted of a serious driving offence, such as culpable driving or dangerous driving causing death or serious injury.
- If you are convicted of drug or alcohol offences.
- If you were under the influence of drugs or alcohol at the time of the accident (even if not charged by Police).
- If you were an unlicensed driver, or driving an unregistered vehicle.
- If you were in a sports-related accident or drag race.
- If the accident occurred off-road.
Depending on the full circumstances of your accident, you might have no entitlements at all, or you might be able to receive some, but not all, of the usual entitlements. Most of the time, you will still have some entitlements.
Whatever your circumstances, it's worth getting in touch for specific advice about your individual entitlements.
Written by Scott Millington, principal lawyer at Millington Legal
