Can I Make A TAC Claim If The Other Driver Fled The Scene In Victoria?

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Can I Make A TAC Claim If The Other Driver Fled The Scene In Victoria?

 

A hit-and-run is one of the most frustrating types of road accident. You’re left dealing with injuries, stress, and paperwork,
while the person who caused the crash disappears. It’s normal to feel angry and overwhelmed — and to worry you’ll be left paying
for treatment and time off work because you “don’t have the other driver’s details.”

The good news is that in Victoria, you can often still access support through the Transport Accident Commission (TAC)
even if the other driver fled the scene and you don’t know who they are. TAC is designed to support people injured in transport accidents,
and the scheme doesn’t always depend on identifying the at-fault driver just to start receiving benefits.

This article explains how TAC claims work after a hit-and-run in Victoria, what you can claim, the key deadlines,
what evidence matters most, and when you might have additional options (including common law compensation).
This is general information only — not legal advice — because your entitlements depend on your specific circumstances.

Quick answer: yes, a hit-and-run can still be a TAC claim

In Victoria, being injured in a hit-and-run does not automatically stop you from making a TAC claim.
If you were injured in a transport accident, TAC benefits can often start based on the fact of the accident and your injuries —
even if the other driver is unknown at the time.

Where “who the driver was” matters more is when you move beyond basic benefits into additional compensation options.
But the first priority in a hit-and-run is usually: get treatment, document the accident, lodge the claim within time, and keep evidence.

What counts as a hit-and-run in Victoria?

A “hit-and-run” generally means the other driver left the scene without providing their details or helping appropriately.
In Melbourne, it can happen in lots of real-world situations:

  • A rear-end crash in stop-start traffic on busy arterials or freeways, and the other car takes off.
  • A side-swipe while you’re merging, then the other driver speeds away.
  • A cyclist is clipped in a bike lane and the driver doesn’t stop.
  • A pedestrian is struck at an intersection or while crossing, and the vehicle flees.
  • A car park impact where the at-fault driver leaves before anyone can record the rego.

Do you need a collision for it to “count”?

Not always. Sometimes the other vehicle’s driving causes you to crash without direct contact — for example,
a car cuts you off and you swerve into a pole or fall from your bike. These can be more evidence-dependent,
but they’re still worth investigating as potential TAC matters.

How TAC can help when the other driver is unknown

TAC is a statutory scheme focused on supporting people injured in transport accidents.
For many people, the most important part is the “no-fault” nature of basic benefits:
you usually don’t need to prove who caused the accident just to access treatment and income support.

What TAC is looking for early on

At the start, claims usually turn on:

  • Injury evidence: medical records showing what injuries you sustained.
  • Causation: clear notes linking the injury to the transport accident.
  • Accident details: when and where it happened, and how it occurred.

With a hit-and-run, you may not have the other driver’s details — but you can still provide a strong accident narrative
supported by other evidence (CCTV, witness statements, police event number, photos, medical notes).

Why early action matters in hit-and-run cases

The biggest practical problem in a hit-and-run is evidence “evaporating.”
CCTV can be overwritten, witnesses forget details, and your own memory becomes less reliable over time.
Acting early isn’t just a legal strategy — it’s the easiest way to make the story clear and credible.

Who can claim: drivers, passengers, cyclists and pedestrians

Hit-and-runs aren’t just “driver vs driver” events. TAC claims can involve many types of road users:

Drivers

If you were driving and injured, you can often lodge a TAC claim even if you can’t identify the other driver.
This commonly applies in freeway or arterial-road incidents where a vehicle flees before you can safely capture details.

Passengers

Passengers injured in a hit-and-run can often claim too. This includes rideshare/taxi passengers.
If you’re a passenger, your evidence may come from the driver, trip records, dashcam footage, and medical notes.

Cyclists

Cyclists are unfortunately common hit-and-run victims, particularly near intersections, door zones, and where drivers cross bike lanes.
If you were hit (or forced off the road), document the mechanism carefully and report it promptly.

Pedestrians

Pedestrian hit-and-runs can lead to serious injuries and significant trauma.
Emergency response records, hospital notes, witness contacts, and nearby CCTV sources are often crucial.

What you can claim through TAC after a hit-and-run

If your TAC claim is accepted, your benefits can cover a range of supports related to your transport injuries.
The exact scope depends on your injuries, your recovery needs, and what is considered reasonable.

1) Medical treatment and rehabilitation

TAC benefits commonly include treatment such as GP care, specialists, scans, hospital services, surgery (if needed),
physiotherapy, chiropractic, psychology, occupational therapy, and rehabilitation programs where appropriate.
The key is that treatment must relate to the injuries caused by the accident — so keep referrals, reports and invoices organised.

2) Income support if you can’t work

If your injuries stop you working or reduce your capacity, TAC may provide income support (loss of earnings benefits).
This can be straightforward for full-time employees, but can also apply to casual workers, contractors and people with variable hours —
it just requires stronger documentation (payslips, rosters, tax records, invoices, bank statements).

3) Support services at home

Many people underestimate how disruptive injuries can be at home.
If you can’t safely do normal tasks — cooking, cleaning, lifting, driving, caring for children, or personal care — supports may be available
depending on your circumstances and medical evidence.

4) Travel and related costs

Getting to appointments across Melbourne can become difficult if you can’t drive or use public transport comfortably.
Keep appointment records and receipts, and ask your treating team to document why the travel is necessary for recovery.

5) Impairment benefits in some cases

Where injuries result in permanent impairment, TAC has separate processes for impairment benefits.
These are distinct from weekly payments and treatment supports, and eligibility depends on medical assessment under the relevant rules.

What TAC does not cover: car repairs and property damage

This catches many people out. TAC is primarily an injury scheme — it is not a replacement for comprehensive insurance.
That generally means TAC does not pay for:

  • Car repairs, towing, storage, or hire cars
  • Damage to bikes, helmets, phones, laptops, dashcams or clothing
  • Property damage from the collision

Those issues are usually dealt with through private insurance or (if the other driver is identified later) a separate recovery process.
But even if your car is a write-off and you’re stuck dealing with repairs, your injury claim pathway can still move forward with TAC.

Time limits: the deadlines you must not miss

TAC claims are time sensitive. As a general rule, you have 12 months to lodge a TAC claim from the date of the accident,
or from the date an injury first becomes evident. There can be exceptions, but it’s far safer to act early than to rely on an exception.

There is another practical deadline that matters too: if TAC asks you for additional information, you should respond quickly.
If you don’t respond within the required period, the claim can lapse and create extra stress and delay.

Why hit-and-run victims often miss deadlines

After a hit-and-run, people are busy: police statements, insurance calls, replacing transport, trying to keep working.
Injuries (especially soft tissue injuries, concussion symptoms, or psychological trauma) can build over time.
You don’t want to realise 11 months later that you should have lodged earlier.

What to do immediately after a hit-and-run (Melbourne checklist)

If you’ve just been involved in a hit-and-run — or you’re reading this shortly after — here’s a practical checklist.
Even if the accident happened weeks ago, many steps still help.

1) Get medical attention and make sure the accident story is documented

See a GP or attend hospital as appropriate. Explain clearly that it was a hit-and-run and describe the mechanism:
“rear-ended then pushed forward,” “side-swiped while merging,” “thrown when the car hit,” “fell after swerving.”
Medical notes that include the mechanism can be extremely important later.

2) Report the incident to police and keep the event number

In hit-and-run situations, a police report can help confirm that an accident occurred and that the other driver is unknown or fled.
Keep the police event number and any reference details.

3) Write down what you remember while it’s still fresh

  • Time and date
  • Exact location (street names, intersections, freeway exits)
  • Vehicle description (colour, make, model, damage points, distinguishing stickers)
  • Direction of travel, lane position, traffic conditions, weather and lighting
  • Any partial rego details (even two characters can help)

4) Identify CCTV and dashcam sources quickly

In Melbourne, good CCTV sources include:
service stations, shopping strip businesses, large intersections, car parks, apartment lobbies, and some public transport corridors.
Dashcam footage may exist from other vehicles in traffic, rideshare vehicles, or commercial fleets.
The sooner you ask, the better — footage can be overwritten.

5) Lodge a TAC claim as early as you reasonably can

Don’t wait until everything is “perfect.” In hit-and-run cases, you can lodge and then keep building evidence as it becomes available.
A claim lodged in time is usually better than a perfect claim that misses the deadline.

Evidence that strengthens your TAC claim (even without a rego)

When the other driver fled, TAC (and any later legal pathway) often turns on credibility and corroboration:
can you show the accident happened the way you say it did?

Medical records

The best claims are supported by consistent medical documentation: early attendance, clear symptom descriptions, and a timeline.
If symptoms evolve (common with whiplash and concussion), tell your GP and keep it recorded.

Police report and event number

Police reporting matters in hit-and-run scenarios because it creates an independent record.
Even if police don’t locate the driver, the report can support that the event occurred and that you reported it promptly.

Photos and videos

  • Damage to your vehicle/bike and the direction of impact
  • Skid marks, debris, road markings, signage
  • Injuries (bruising, lacerations) in the days after

Witnesses

If anyone stopped, get their name and number. Even a short statement like “I saw the other car drive off” can be powerful.
In busy Melbourne traffic, witnesses are often other drivers, cyclists, pedestrians, or nearby shop staff.

CCTV / dashcam / telematics

For freeway hit-and-runs, fleet dashcams can be a goldmine. For urban crashes, local business CCTV can capture rego details
that you could never recall yourself. If you were in a rideshare, trip logs can also help prove location and time.

Can you still pursue common law compensation?

Potentially — but this is where hit-and-run cases can become more complex.
In Victoria, common law compensation through TAC generally requires two key things:
a serious injury and an at-fault party who was negligent.

If the driver is never identified

If the driver can’t be identified, the practical question becomes whether there is a pathway to pursue damages without a known defendant.
This is highly technical and depends on the facts, evidence, and legal framework.
It’s one of the biggest reasons people with serious injuries from hit-and-run incidents seek early legal advice:
you don’t want to assume “I can’t do anything” if there are options, and you don’t want to assume “I’ll definitely get a payout” if the law doesn’t support it.

If the driver is identified later

Many hit-and-run drivers are eventually identified through CCTV, witnesses, damaged vehicles, or later police investigation.
If that happens and your injuries are serious, a common law pathway may become more realistic.
Time limits can apply to common law damages actions, so this is another reason to get advice sooner rather than later.

“I don’t want to sue someone I know”

Sometimes the at-fault driver is a friend, family member, or someone in your circle (for example, a driver panics and leaves, then is identified).
It’s worth knowing that TAC’s own guidance explains common law compensation is generally paid by TAC on behalf of the at-fault party,
so the at-fault person is not necessarily “out of pocket” in the way people fear.

Special scenarios: stolen cars, fake details, near-misses and late symptoms

Stolen vehicles

If the vehicle that hit you was stolen, it can complicate fault and recovery pathways — but it doesn’t automatically prevent TAC benefits.
The key focus for benefits remains your injury and the transport accident circumstances.

Fake details (the “I’ll text you my number” trap)

Some drivers do stop — but provide false details. If you suspect this happened:
report it, keep screenshots/messages, and try to preserve CCTV evidence. Don’t wait days to confirm details.

Near-miss hit-and-runs (no contact)

If you swerved to avoid a vehicle that fled and you crashed without contact, evidence becomes the whole game.
Look for witnesses, CCTV, and anything that shows a sudden evasive event occurred (for example, damage patterns, your position on the road, trip data).
If you’re a cyclist, do not throw away damaged parts or a helmet — it can help show the force and mechanism of injury.

Symptoms that appear later

Soft tissue injuries, concussion symptoms, and psychological trauma can present days or weeks after the crash.
If you notice headaches, dizziness, brain fog, sleep issues, anxiety when driving, panic symptoms, or worsening pain,
get assessed and ensure it is recorded as related to the accident.

Common mistakes that delay or reduce benefits

Not seeing a doctor early

People often “push through” after a hit-and-run because they’re focused on replacing a car or getting to work.
But delays can create gaps in medical evidence, which can lead to disputes later.

Not reporting the hit-and-run promptly

Police reporting helps create an independent record. If you delay, it can look (unfairly) like the accident story is uncertain.

Missing the TAC lodgement timeframe

The 12-month period is a big one. If you’re anywhere near that deadline, treat it as urgent.
A lodged claim can be refined; a missed deadline is much harder to fix.

Ignoring TAC requests for further information

If TAC asks for more information, respond quickly. If paperwork is overwhelming, get help rather than going silent.

Assuming “no rego means no claim”

In many cases, the rego helps — but it isn’t always required to start the claim process.
What matters is proving the accident occurred and your injuries are connected to it.

FAQ’s

Can I make a TAC claim if I don’t know the other driver’s identity?

Often, yes. TAC benefits can still be available after a hit-and-run because the scheme focuses on supporting injured people after transport accidents.
You’ll need to provide as much accident detail and evidence as possible (medical notes, police report, witness details, photos, CCTV leads).

Do I need a police report for a hit-and-run TAC claim?

Not in every situation, but it is strongly recommended. A police event number helps confirm the accident occurred and supports your credibility,
especially when the other driver is unknown.

Does TAC pay for my car repairs if the driver fled?

Generally no. TAC focuses on injury-related benefits rather than property damage (car repairs, towing, hire cars).
Those issues are usually handled through private insurance or separate recovery avenues.

What if my injuries get worse weeks after the hit-and-run?

See your GP and ensure the evolving symptoms are documented, including how they relate to the accident.
Then act quickly on any claim deadlines — it’s safer to lodge early than to hope things resolve.

Can I get income support if I can’t work?

Potentially, yes. If your injuries affect your ability to work, TAC may provide income support, provided you meet eligibility rules
and have appropriate medical certification and income documentation.

Can I still get compensation if the driver is found later?

If the driver is identified later, your options can expand — especially if injuries are serious and negligence can be shown.
Get advice early so you don’t lose evidence or miss limitation periods.

Final Thoughts

If the other driver fled the scene in Victoria, you can often still make a TAC claim.
The most important steps are: get medical care, report the incident, document everything you can, and lodge your claim within time.
Hit-and-run cases feel unfair — but with the right evidence and an organised approach, you can still access the support you need to recover.

If your injuries are serious, you’re off work, there are disputes about what happened, or you want to understand whether a common law pathway may apply,
professional guidance can make the process much clearer and reduce the risk of costly missteps.

Melbourne recommendation: Hymans Legal

For help with hit-and-run TAC claims in Victoria — including advice on evidence, time limits, benefits, and serious injury/common law options —
consider speaking with Hymans Legal.

Phone: 1300 667 116
Website: https://hymanslegal.com.au/

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