Tag: #tac

What does it mean if the TAC advise me I’m eligible for common law compensation?

If you have received a letter from the TAC notifying you of your eligibility to apply for common law compensation, the TAC has done what is known as proactively granting you a serious injury certificate.

One of the functions of the TAC is to pay compensation to people injured in transport accidents, whether they’re the driver of a vehicle, or someone injured by another driver including pedestrians and cyclists. To be eligible for common law compensation you need to satisfy a threshold level of injury (serious injury) and prove that someone else was at fault in causing your accident.

Previously, you would have to apply for a serious injury certificate which can be a long and complex process and almost always requires legal assistance.  Recent changes have led the TAC to proactively review files of some injured people before such application is formally made and, where the TAC is satisfied that you meet the serious injury threshold and your injury was caused by someone else, the TAC grant the serious injury certificate without the need for application.

Included with the letter advising you of your eligibility to receive compensation is a serious injury certificate, meaning you are now able to bring a claim for common law compensation which may include compensation for pain and suffering, loss of earnings and loss of earning capacity. The assessment of compensation can be a complicated process and requires expert legal insight.   Claims for pain and suffering damages cannot exceed the statutory maximum figure which is currently $577,280.  Claims for economic loss cannot exceed the statutory maximum figure of $1,298,980.

Typically, a claim for common law damages will not finalise your right to ongoing support from the TAC to medical and like expenses and as such, these benefits do not comprise part of a common law claim.

What should I do now that I have been notified by the TAC that I have a serious injury and that I am eligible for common law compensation?

As advised in the TAC’s letter, you should now engage a personal injury lawyer to negotiate with the TAC.

At Fortitude Legal our award-winning team are accredited specialists in personal injury law with a focus on obtaining compensation for people injured in transport accidents, like you.  It is not a given that the TAC will pay you your maximum entitlement.  What you are paid depends upon the material presented to them to outline the nature and extent of your injuries and loss.  That’s where our team at Fortitude Legal will work with you to ensure you get your maximum entitlement to compensation in the quickest time.

At Fortitude Legal we operate within the TAC Common Law Protocols.  The Protocols are an agreement that outlines how the TAC and our lawyers work together during the negotiation of your claim and they more often than not, ensure a swift resolution of your claim for compensation without the need to go to Court, thus getting the compensation in your hands sooner.

Even though the compensation payable by the TAC in a damages claim is often very substantial, it does not mean that the costs payable by you from your compensation will be.  It some instances no costs whatsoever will be payable by you from the agreed sum awarded by the TAC for compensation if you engage Fortitude Legal.  Not all law firms in this area will be willing to look after you in this way.

Call us for a free no obligation chat on 1300 020 618.

At Fortitude Legal – We’re In Your Corner!



As a cyclist, you may have entitlements under the transport accident scheme if you were injured as a result of a collision that was directly caused by the driving of a vehicle (including cars, buses, motorcycles, trains and trams).

It is important to note however that you may be covered as a cyclist in a number of additional scenarios including:

NEAR MISS – if the driving of a vehicle directly caused a need for you to take evasive action to avoid a collision and you ultimately suffer injury;
CAR-DOORING – an incident involving a collision between you as a cyclist and an open or opening door of a vehicle;
TRAVELLING TO OR FROM WORK – an incident involving a collision between you as a cyclist and a motor vehicle while you were travelling to or from your place of employment (the vehicle can be a parked or stationary vehicle);
COLLISION WITH A STATIONARY VEHICLE – an accident involving you as a cyclist and a stationary vehicle for accidents on or after 9 July 2014.

Furthermore, following ‘test case’ litigation in which Fortitude Legal’s Tom Burgoyne acted for the injured cyclist, the law with regard to collisions with stationary vehicles has changed for the better for cyclists across Victoria.

On 7 June 2018 a Bill was introduced into Victoria’s Parliament https://www.premier.vic.gov.au/cyclists-and-all-victorians-to-benefit-from-tac-changes/ to amend the transport accident legislation such that a collision between a cyclist and a parked or stationary vehicle will constitute a “transport accident” and not be confined to a situation where a cyclist is riding to or from work. After passing both Houses of Victoria’s Parliament on 20 September 2018, the Bill received Royal Assent on 25 September 2018 such that changes commenced on 26 September 2018.  The amendment has retrospective effect to 9 July 2014 and any cyclists injured in collisions with parked or stationary vehicles from that date will also be covered. This is referred to as “Rory’s Law”.

As a cyclist, you may be interested to read Tom’s article professionally published in the Law Institute Journal which called for a change to the law after Tom ran Rory’s test case https://www.liv.asn.au/Staying-Informed/LIJ/LIJ/Jan-Feb-2018/Cyclists-beware

The scheme surrounding transport accidents and your entitlements is complex and there are strict time limits that apply.  It is important that you get appropriate legal advice from the outset to ensure that your rights are protected.

We can help you navigate the scheme, maximise your entitlements and make the decisions that are right for your future.

If you have a query, please do not hesitate to contact our expert Transport Accident Team for a no obligation chat..