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Victorian legal guide

What can I claim after a car accident in Victoria?

General information for people in Victoria · ORLA Connect

After a car accident in Victoria, what you can claim falls into two separate streams: your injuries, handled by the TAC, and your vehicle and financial losses, handled through insurance or a recovery claim.

Your injuries - the TAC

Injuries from a transport accident go through the TAC's no-fault scheme: medical treatment, rehabilitation and income support if you cannot work, regardless of fault. Lodge a TAC claim, generally within 12 months.

Your car and property

Vehicle damage is not covered by the TAC. You claim on your own insurance, or recover repair costs from the at-fault driver. If they were uninsured, that is often a letter of demand or a civil claim for the cost.

Common-law damages for serious injury

If you were seriously injured and someone else was at fault, you may also claim a lump sum for pain and suffering and loss of earning capacity - a common-law claim, separate from TAC benefits and usually run by a lawyer on no-win-no-fee.

Loss of income

If the accident stops you working, TAC income support may help in the short term, and a common-law claim can cover longer-term loss of earning capacity where someone else was at fault.

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Can I claim if the other driver was uninsured?
Yes. Your injuries are still covered by the TAC no-fault scheme. For your vehicle you may need to recover the cost directly from the at-fault driver, and a lawyer can help with a demand or claim.
Who pays to fix my car?
Your own insurer if you are comprehensively insured, or the at-fault driver. The TAC does not cover vehicle damage.
Can I claim both TAC and against the other driver?
Yes. TAC covers your injuries no-fault, and a common-law claim against the at-fault party if you are seriously injured is separate and additional.
Is there a time limit?
Lodge your TAC claim generally within 12 months. Common-law and recovery claims have their own limitation periods, so get advice early.

This article is general information only and is not legal advice. For advice about your situation, post your matter and a matched Victorian law firm can help.