What Happens If I Miss the TAC Claim Time Limit in Victoria?
First-person introduction:
I can’t tell you how many times someone has asked me this in a slightly panicked voice: “I think I missed the TAC claim time limit… what do I do now?” It almost always comes after weeks or months of ignoring symptoms, trying to push through pain, or simply not knowing the TAC even existed in the first place.
And honestly? I get it. Life doesn’t stop after an accident. You might have been juggling work, kids, stress, or the shock of the whole event. Maybe your injuries didn’t seem serious at first. Maybe you didn’t think you needed help. Maybe you assumed only “major” injuries qualify.
The good news is this: even if you’ve passed the standard TAC deadline, you might still have options. Missing the time limit is not always the end of the road—and in many cases, people successfully lodge late claims with the right evidence and guidance.
In this article, I’ll break down what the TAC time limits are, what happens if you miss them, when late claims are accepted, the exceptions, the evidence you’ll need, and how a lawyer can help you secure your entitlements even if you’re outside the standard timeframe.
Table of Contents
- Understanding TAC Time Limits in Victoria
- What Happens If You Miss the 12-Month Deadline?
- Can You Make a TAC Claim After 3 Years?
- Exceptions for Late TAC Claims
- Valid Reasons for Lodging a Late Claim
- What Evidence You’ll Need for a Late Claim
- What If Your Injury Was Minor or Psychological?
- What If the Injured Person Was a Minor?
- Late Claims for Fatal Transport Accident Cases
- Steps to Take If You Missed the TAC Deadline
- Risks of Waiting Too Long
- How a Lawyer Helps Late TAC Claims
- Final Thoughts
Understanding TAC Time Limits in Victoria
The Transport Accident Commission (TAC) sets time limits for lodging a claim to keep the process fair, consistent, and based on reliable evidence. However, these limits are more flexible than many people realise.
The main TAC deadlines are:
- 12 months – standard deadline for lodging a TAC claim
- 3 years – extended window for late lodgements with valid reasons
- 2 years – for fatal accident claims
- By age 21 – if the injured person was under 18 at the time of the accident
Missing the first deadline does not automatically disqualify you—but it does change the process.
What Happens If You Miss the 12-Month Deadline?
If you don’t lodge your TAC claim within 12 months of the accident or of your injury symptoms becoming apparent, the TAC may:
- Ask for further information before processing your claim
- Request a written explanation for the delay
- Ask for medical evidence supporting the reason for the delay
- Place your claim under “special consideration” for late lodgement
Missing the 12-month period does not automatically mean your claim will be rejected. In fact, a large number of late claims are accepted when they meet reasonable criteria.
Can You Make a TAC Claim After 3 Years?
This is where it becomes more complex.
If you miss the 3-year extended deadline, the TAC can legally reject your claim unless “special circumstances” apply. These are typically rare and involve:
- Severe physical incapacity
- Hospitalisation or coma
- Major psychological illness
- Being a minor with no guardian to lodge the claim
- Incorrect professional advice
However, even after 3 years, the TAC retains some discretion, especially if strong supporting evidence exists or if legal representation is involved.
Exceptions for Late TAC Claims
The TAC may accept late claims if you can show that:
- You were not aware your injury was related to the accident
- Your injury symptoms developed gradually
- You didn’t know that TAC covered you
- You suffered psychological trauma that delayed lodgement
- You were misinformed about your eligibility
- Language or cultural barriers prevented you from lodging
- A family member or carer should have lodged on your behalf but didn’t
These are all recognised reasons the TAC has previously accepted.
Valid Reasons for Lodging a Late Claim
To give you more clarity, here are the most common reasons people successfully lodge late claims:
1. Symptoms Appeared Later
Many injuries take days or weeks to show up, including:
- Whiplash
- Spinal injuries
- Concussion symptoms
- Headaches
- Psychological trauma
2. You Thought Your Injuries Would Heal on Their Own
This is extremely common. People avoid hospitals, physio, or doctors until pain becomes unmanageable.
3. You Didn’t Know TAC Covered You
Pedestrians, cyclists, and passengers often assume TAC only applies to drivers—which is incorrect.
4. You Were in Shock or Trauma
Psychological injuries can prevent people from taking administrative steps after an accident.
5. You Received Incorrect Advice
Sometimes people rely on advice from employers, insurers, family, or friends that turns out to be wrong.
6. You Had No Medical Evidence Initially
Some injuries require time before diagnosis.
What Evidence You’ll Need for a Late Claim
If you lodge outside the 12-month period, TAC will ask for evidence explaining the delay. This may include:
- GP or specialist reports
- Hospital records
- Psychologist or psychiatrist reports
- Workplace injury documentation
- Medical imaging (X-rays, MRIs, CT scans)
- A written statutory declaration explaining why you lodged late
Legal assistance is extremely useful for preparing this evidence.
What If Your Injury Was Minor or Psychological?
Minor injuries and psychological injuries often lead to late claims because you might not connect the symptoms to the crash immediately.
The TAC recognises conditions like:
- PTSD
- Anxiety
- Depression
- Adjustment disorder
- Driving anxiety
If these symptoms developed months later, your late claim may still be accepted.
What If the Injured Person Was a Minor?
If you were under 18 when the accident happened, the TAC gives you a much longer timeframe:
You have until your 21st birthday to lodge a claim.
This protects children whose parents or guardians did not lodge a claim at the time of the accident.
Late Claims for Fatal Transport Accident Cases
If someone dies in a transport accident, their dependants have:
- 2 years from the date of death to lodge a TAC claim
- Up to 3 years in special circumstances
If the family does not lodge within this timeframe, a lawyer can help determine whether extensions or exceptions apply.
Steps to Take If You Missed the TAC Deadline
1. Visit Your GP Immediately
Medical evidence is essential for late claims.
2. Gather All Accident-Related Information
- Accident date and location
- Vehicle registrations
- Police report numbers
- Witness details
3. Write Down Why You Didn’t Lodge Earlier
This will be required by the TAC.
4. Contact TAC and Explain the Situation
They may require additional evidence.
5. Speak to a TAC Lawyer
If you’re outside the 12-month or 3-year timeframe, legal help significantly increases your chance of approval.
Risks of Waiting Too Long
The longer you wait, the harder the process becomes. Risks include:
- TAC rejecting the claim entirely
- Difficulty proving injuries were caused by the accident
- Losing access to income support
- Reduced medical treatment coverage
- Missing out on lump-sum compensation
However, many late claims are still accepted—especially with legal representation.
How a Lawyer Helps Late TAC Claims
A TAC lawyer can:
- Prepare your written explanation
- Collect and strengthen medical evidence
- Challenge TAC rejections
- Communicate with TAC on your behalf
- Determine whether special circumstances apply
- Help you access additional entitlements
Late claims are significantly more successful with legal guidance.
Final Thoughts
Missing the TAC claim time limit is stressful—but it’s not always the end of your rights. The TAC has built-in flexibility for genuine late claims, especially for delayed injuries, psychological trauma, and cases involving minors or complex circumstances.
If you’ve missed the deadline or you’re worried your claim might be rejected, the best thing you can do is get professional support early. A lawyer can help you prepare the right documents, understand your options, and fight for the benefits you’re entitled to.
For expert TAC advice and late claim assistance, contact Hymans Legal or call 1300 667 116. Their experienced team can help you get your claim back on track.