What is a TAC Common Law Claim?
If you have been injured in a transport accident in Victoria, you may be eligible to make something called “a TAC Common Law claim.”
This is a type of compensation claim that is based on the principle of negligence. Here, I will try to demystify what TAC Common Law claims are, how they differ from other types of TAC claims, and what you need to do to pursue one.
What are TAC Common Law claims?
TAC Common Law claims are claims for money – called “damages”– that are made against the person or organisation that caused or contributed to your transport accident. Damages may include a portion for pain and suffering and/or loss of enjoyment of life, and a separate portion for long term loss of income or earning capacity.
Unlike other types of TAC claims, such as no-fault benefits or impairment benefits, you do not have an automatic right to bring a TAC Common Law claim. You need to prove that another party was at fault for the accident, and that you have suffered a serious injury as a result. This can be a complex and lengthy process that requires legal expertise and lots of documentary evidence.
How do TAC Common Law claims differ from other types of TAC claims?
TAC Common Law claims are different from other types of TAC claims in several ways.
You need to establish fault: To make a TAC Common Law claim, you need to show that another party was negligent or breached their duty of care towards you. This generally means that they failed to act reasonably or safely in the circumstances and caused or contributed to your injury. For example, if you were hit by a drunk driver, you may be able to prove that they were at fault for the accident. However, if you were injured in a single-vehicle accident, you may not be able to establish fault unless there was a defect in the road or the vehicle caused by someone’s negligence.
You need to have a serious injury: To make a TAC Common Law claim, you need to have a serious injury as defined by the Transport Accident Act 1986. This means that your injury must meet one of the following criteria:
1. It results in a whole person impairment of 30% or more
2. It is a serious long-term impairment of a body function
3. It results in a serious disfigurement (such as a burn or scar)
4. It is severe long-term mental or severe long-term behavioural disturbance or disorder
5. It is the loss of a foetus
Whether an injury is serious or severe is determined by the TAC or a court, based on the nature and extent of the injury and its impact on your life.
You need to comply with special time limits: To make a TAC Common Law claim, you need to comply with strict time limits that apply to different stages of the process. In particular, you need to lodge your claim with the TAC within 12 months of the date of the accident (or within 3 years if you have a reasonable excuse for the delay); and, you need to commence legal proceedings against the other party within 6 years of the date of the accident.
If you succeed in making a TAC Common Law claim, you will likely receive higher compensation than what you would receive from other types of TAC claims. This is because TAC Common Law claims take into account your individual circumstances and losses, rather than fixed amounts.
What do you need to do to pursue a TAC Common Law claim?
If you think you may have a valid TAC Common Law claim, you should seek legal advice as soon as possible. A lawyer who specialises in transport accident law can help you:
- Understand your rights and entitlements
- Gather and analyse evidence to support your claim
- Negotiate with the TAC and any other party
- Represent you in court if necessary
Making a TAC Common Law claim can be challenging and stressful, but it can also provide you with significant financial relief and justice for your injury. If you have been injured in a transport accident in Victoria, contact us today for a no-obligation consultation.
