Quick answer: passengers can usually claim TAC

In Victoria, TAC is designed to support people injured in transport accidents, and that includes passengers.
In most situations, you can lodge a TAC claim even if the driver was your friend, partner, family member, an Uber/Didi driver, or someone you don’t know.
TAC benefits are commonly described as “no-fault” support, meaning you don’t have to prove someone was at fault just to access treatment and related benefits. :contentReference[oaicite:0]{index=0}

Where it can get more complex is when you move beyond basic benefits into larger compensation (like a lump sum claim),
or when there are unusual facts (unregistered vehicle issues, unclear accident details, injuries that appear later, or disputes about employment/income).
This guide covers both the simple pathway and the more complex situations.

What is TAC and what does it cover?

The Transport Accident Commission (TAC) is Victoria’s statutory insurer for transport accidents.
If you’re injured in a “transport accident” (for example, a collision involving a motor vehicle), TAC may help pay for reasonable treatment and supports
related to the injuries caused by that accident. :contentReference[oaicite:1]{index=1}

What counts as a transport accident?

Generally, TAC looks for evidence you sustained an injury that was directly caused by the driving of a motor vehicle (and in some cases, trains or trams).
Passenger injuries from car accidents on Melbourne roads—freeways, suburban streets, car parks, and regional highways—commonly meet this threshold. :contentReference[oaicite:2]{index=2}

What TAC is trying to do (in plain language)

TAC is meant to reduce the financial shock that comes after a road injury: hospital bills, rehab appointments, time off work,
assistance at home, transport to treatment, and the many “hidden” costs that build up when you can’t function normally.
For passengers, the most important thing to know is that your access to basic benefits usually isn’t about blame—it’s about injury, causation, and eligibility.

Who can make a TAC claim as a passenger?

If you were a passenger in a vehicle and you were injured in a Victorian transport accident, you are commonly eligible to lodge a TAC claim.
That can include passengers in:

• Private cars (friends, family, colleagues)
• Rideshare vehicles (e.g., Uber/Didi) and taxis
• Company vehicles or work-related trips (with potential overlap with WorkCover in some cases)
• Rental cars
• Vehicles involved in multi-car crashes on busy Melbourne corridors (Monash Freeway, CityLink approaches, Eastern Freeway, West Gate, etc.)

Do I need to live in Victoria?

Many claims are lodged by Victorians injured in Victoria, but location and circumstances can vary.
If the accident happened in Victoria, TAC may be relevant even if you live interstate. If the accident happened outside Victoria,
different schemes may apply. When location gets complicated, it’s worth getting tailored advice early to avoid missing deadlines or lodging in the wrong system.

Do I need to know who caused the crash?

Not for the core benefits claim. TAC’s eligibility assessment focuses on proof of injury and that it was directly caused by the transport accident. :contentReference[oaicite:3]{index=3}
Fault becomes more important if you later explore common law compensation (explained below).

What you can claim: treatment, income, and support

TAC benefits can cover a range of supports, depending on your injuries and your situation. The categories below are described broadly,
because what is “reasonable” and what documentation is required can vary.

1) Medical treatment and rehabilitation

TAC may contribute to treatment and services that relate to your transport injuries—think GP visits, specialist appointments, imaging, hospital care,
physiotherapy, chiropractic, psychology, occupational therapy, and rehab programs where clinically justified.
The core concept is that the injury must be caused by the accident, and evidence like diagnoses, symptoms, and treatment plans matter. :contentReference[oaicite:4]{index=4}

2) Transport and travel costs

When you’re in pain or restricted, getting to appointments can become expensive and stressful.
Depending on circumstances, support may be available for travel associated with treatment. Keep receipts and appointment records,
and ask providers to document why the appointment is necessary for your recovery.

3) Income support (loss of earnings)

If your injuries prevent you from working (or reduce your hours), you may be eligible for loss of earnings benefits.
This is one of the most paperwork-heavy parts of TAC for passengers because it often requires proof of pre-accident income,
employment arrangements, and medical certification about work capacity.

There are also exclusions and special rules. For example, TAC policy explains circumstances where loss of earnings benefits won’t be paid,
including certain cases involving a vehicle owned by the injured person if the TAC charge wasn’t paid at the time of the accident (subject to a grace period). :contentReference[oaicite:5]{index=5}
This doesn’t mean “no TAC at all” in every scenario, but it shows why specific facts can matter.

4) Support at home and with daily living

Passengers often underestimate how much an injury can disrupt everyday life: lifting kids, cooking, driving, cleaning, shopping, and basic mobility.
In some circumstances, TAC may fund supports or services to help you function safely while you recover.
The stronger the clinical evidence (for example, an OT report outlining functional restrictions), the smoother this tends to go.

5) Longer-term supports for serious injuries

When injuries are severe—serious fractures, spinal injuries, brain injuries, complex psychological trauma—recovery may involve long-term rehabilitation
and ongoing supports. This is where professional guidance can make a huge difference, because the system becomes more document-driven and decisions can have long-term consequences.

Time limits: when you must lodge your claim

In Victoria, a new TAC claim should generally be lodged within 12 months of the accident date, or within 12 months of the date the injury first becomes evident.
TAC also notes there can be exceptions, but you should not rely on an exception without advice. :contentReference[oaicite:6]{index=6}

Why the 12-month rule matters for passengers

Many passengers walk away feeling “shaken but fine,” only to develop symptoms later—neck and back pain, headaches, dizziness, anxiety when travelling in cars,
or flare-ups that become obvious weeks or months later. The clock can still matter.
If there’s any chance you were injured, it’s usually safer to get checked and consider lodging promptly rather than trying to “wait and see.”

Common law time limits (different clock)

If you later pursue common law damages (explained below), different limitation periods may apply.
TAC’s guidance references the Limitation of Actions Act and notes a personal injury damages action must be brought within 6 years of the date of injury
(and different timing can apply for minors). :contentReference[oaicite:7]{index=7}

How to lodge a TAC passenger claim (step-by-step)

Lodging a TAC claim doesn’t have to be intimidating. The smoother your early steps are, the easier it is to access benefits and reduce disputes later.

Step 1: Get medical attention and document symptoms

Even if you think it’s “just soreness,” get assessed. Ask your GP or treating practitioner to record:
what happened, where you were sitting in the car, immediate symptoms, and how symptoms change over time.
TAC requires evidence of injury and that it was directly caused by the accident. :contentReference[oaicite:8]{index=8}

Step 2: Record the accident basics

• Date, time, and location (suburb, nearby intersections, freeway exits)
• Vehicle rego details (if available)
• Driver names and contact details
• Police report number (if police attended) and insurer details if known
• Photos, dashcam footage, witness contacts if available

Step 3: Lodge the TAC claim within the timeframe

TAC states you have 12 months to lodge a claim from the date of your accident, or when the injury first becomes evident. :contentReference[oaicite:9]{index=9}
If you’re approaching that deadline, treat it as urgent.

Step 4: Respond quickly to requests for more information

TAC may ask for additional documents. TAC policy notes you generally have 28 days to respond to requests for further information,
and if you don’t respond the claim can lapse (meaning you may need to lodge again, and timing issues can arise). :contentReference[oaicite:10]{index=10}

Step 5: Keep a simple “claim file”

Create a folder (digital or physical) for:
medical certificates, invoices/receipts, appointment confirmations, imaging reports, medication receipts, and a timeline of symptoms.
This is especially helpful if your injuries evolve over months (which is common with whiplash, back injuries, and psychological impacts).

What evidence helps your TAC claim?

Medical records are the backbone

TAC’s eligibility framework is evidence-focused: symptoms, diagnosis, and treatment requirements that connect directly to the accident. :contentReference[oaicite:11]{index=11}
If you’re a passenger, you might not have access to all crash evidence, but you can always control your medical documentation.

Employment and income evidence (if you’re claiming earnings)

If you’re requesting income benefits, start gathering:
payslips, tax summaries, employment contracts, rosters, invoices (if self-employed), bank records, and a letter from your employer about pre-accident duties and hours.
In Melbourne, many people work casually, in gig work, or across multiple employers—make sure the full picture is documented.

A symptom diary that isn’t “dramatic,” just accurate

A short daily note can be powerful: pain levels, sleep quality, dizziness, headaches, anxiety when travelling in cars, inability to lift, reduced sitting tolerance,
missed shifts, and the impact on childcare or household tasks.
The goal isn’t exaggeration—it’s clarity.

Can passengers claim “common law” compensation too?

Sometimes, yes. This is where people often get confused: TAC benefits (treatment/income supports) are one part of the scheme,
but common law compensation may be available in more serious cases.

Common law in TAC: the basic idea

TAC explains that if you have a serious injury and someone else was at fault (or partly at fault), you may be eligible for common law compensation. :contentReference[oaicite:12]{index=12}
TAC also notes common law claims involve an at-fault party who was negligent. :contentReference[oaicite:13]{index=13}

Why passengers often have a clearer “fault story”

Many passengers weren’t driving, which can make fault easier to establish—especially in rear-end collisions, red-light impacts,
failed give-way situations, speeding, distracted driving, or intoxication incidents. That said, every crash is different, and liability can be shared.

“Serious injury” is a gateway

TAC’s own material emphasises that the injury must meet the definition of “serious injury” for a common law claim. :contentReference[oaicite:14]{index=14}
This is typically assessed through a formal process and medical evidence.
If you’re facing long-term impairment, permanent restrictions, ongoing psychological injury, or you’re not returning to your previous work,
it’s worth getting advice about whether the serious injury threshold may apply to you.

Time limits for common law

Common law claims have different timing considerations, and TAC references a 6-year limitation period for personal injury damages actions (with special rules for minors). :contentReference[oaicite:15]{index=15}
Don’t assume “I have years” means you should wait—early evidence is often better evidence.

Common tricky scenarios for passengers

1) You were a passenger in a friend’s car (and you don’t want to blame them)

This is extremely common in Melbourne. People worry a TAC claim will “go after” their friend.
In many cases, basic TAC benefits aren’t about blame. You can often access support while focusing on recovery.
If you later consider common law, fault becomes more relevant, but you can get advice before taking any step you’re uncomfortable with.

2) You were in a rideshare or taxi

As a passenger, you may still be eligible for TAC benefits if you were injured in a transport accident.
Rideshare accidents can involve complex evidence (multiple parties, insurers, and sometimes unclear reporting), so documentation early is key:
screenshots of trip details, receipts, driver details, and location/time data.

3) The vehicle was unregistered or “uninsured”

This can be complicated. TAC policy notes specific circumstances where loss of earnings benefits won’t be paid,
including cases where the injured person was a driver or passenger in a motor vehicle they owned which had not paid the applicable TAC charge at the time of the accident
(with a grace period mentioned). :contentReference[oaicite:16]{index=16}

If you were simply a passenger in someone else’s vehicle, your situation may be different.
But if ownership and registration status are involved—especially if you own the vehicle—get advice quickly because eligibility and benefit types can change.

4) You didn’t feel injured until weeks later

Delayed symptoms happen. TAC notes the 12-month clock can run from the date an injury first becomes evident. :contentReference[oaicite:17]{index=17}
Practically, you’ll want medical documentation that clearly explains symptom onset and how it relates to the accident.

5) A child was injured as a passenger

Children can have injuries that present differently (behaviour changes, sleep issues, anxiety, pain they struggle to describe).
Also, limitation periods can operate differently for minors in damages actions. :contentReference[oaicite:18]{index=18}
If a child is involved, careful documentation and early guidance are especially important.

6) Psychological injury after a crash

Some passengers develop anxiety, panic symptoms, nightmares, or trauma responses after accidents—especially in high-speed freeway crashes or severe impacts.
Psychological injury can be just as disruptive as physical injury and may require formal treatment plans, referrals, and consistent clinical notes.

Mistakes that can reduce or delay benefits

Delaying medical review

Waiting too long to see a doctor can create gaps in evidence. Remember: TAC focuses on evidence of injury and causation. :contentReference[oaicite:19]{index=19}

Missing the 12-month claim window

TAC states claims should be lodged within 12 months of the accident (or when the injury becomes evident). :contentReference[oaicite:20]{index=20}
If you’re close to that deadline, treat it as urgent.

Not responding to TAC requests

TAC policy indicates claims can lapse if you don’t respond to requests for further information within the required timeframe. :contentReference[oaicite:21]{index=21}
If paperwork is overwhelming, get help rather than going silent.

Downplaying symptoms in early records

Many passengers tell a GP “I’m okay” because they’re focused on others or they’re trying to push through.
But early notes matter. Be honest and specific: where it hurts, what movements trigger it, what you can’t do, and how it’s affecting your work and sleep.

Trying to handle a serious injury claim without advice

If your injuries are significant and you suspect serious injury or common law may apply, the process becomes technical.
TAC’s own guidance suggests engaging a personal injury lawyer for common law matters. :contentReference[oaicite:22]{index=22}

FAQ’s

Can I claim TAC as a passenger even if the driver was my friend or family member?

In many cases, yes. TAC benefits are often described as “no-fault” supports, and eligibility focuses on evidence of injury and that it was caused by the transport accident. :contentReference[oaicite:23]{index=23}
If you later explore common law compensation, fault can become more important.

Do I need a police report to lodge a TAC claim?

Not always, but a police report can help where the accident circumstances are disputed or serious.
If police attended, record the event number. If not, keep whatever evidence you can (photos, witness details, medical notes describing the crash mechanism).

How long do I have to lodge a TAC claim in Victoria?

TAC states you have 12 months to lodge a claim from the accident date, or from when the injury first becomes evident (with exceptions in some cases). :contentReference[oaicite:24]{index=24}

What if I felt fine at first but symptoms showed up later?

This happens often. See a doctor as soon as symptoms appear, explain the accident history, and ensure your records reflect when symptoms began.
TAC’s timeframe can relate to when an injury first becomes evident, so documentation matters. :contentReference[oaicite:25]{index=25}

Can I get income support if I can’t work after the crash?

Potentially, yes—depending on medical certification and eligibility rules. There are also exclusions and special cases.
TAC policy includes examples where loss of earnings benefits won’t be paid, such as certain situations involving a vehicle owned by the injured person where the TAC charge was not paid at the time of the accident (subject to a grace period). :contentReference[oaicite:26]{index=26}

What is a TAC “common law” claim, and can passengers make one?

TAC explains that if you have a serious injury and someone else was at fault (or partly at fault), you may be eligible for common law compensation. :contentReference[oaicite:27]{index=27}
TAC also notes the claim requires a negligent at-fault party. :contentReference[oaicite:28]{index=28}
Passengers can be in a good position to explore this if injuries are severe and negligence is clear, but it’s case-specific.

How long do I have to start a common law damages action?

TAC references that personal injury damages actions must be brought within 6 years of the date of injury (and different timing may apply for minors). :contentReference[oaicite:29]{index=29}
Don’t wait to get advice if you suspect serious injury—early evidence is often crucial.

Should I speak to a lawyer for a passenger TAC claim?

If your injuries are minor and straightforward, you may be able to manage the basics yourself.
If your injuries are serious, you’re off work, your claim is disputed, deadlines are tight, or you suspect common law may apply,
it’s sensible to get advice. TAC’s own information notes you can engage a personal injury lawyer for common law matters. :contentReference[oaicite:30]{index=30}

Final Thoughts

If you were a passenger in a car accident in Victoria, you can usually claim TAC benefits to support your recovery.
The best outcomes typically come from three things: (1) early medical documentation, (2) lodging within the relevant time limits,
and (3) staying organised when TAC requests information.

If your injuries are significant, you’re missing work, your symptoms are escalating, or you believe someone else’s negligence caused your injuries,
it’s worth getting advice about your broader options—including whether a serious injury/common law pathway may be relevant.
TAC’s own guidance indicates common law compensation depends on serious injury and an at-fault negligent party. :contentReference[oaicite:31]{index=31}

Melbourne recommendation: Hymans Legal

If you’d like help understanding your passenger TAC entitlements, navigating paperwork, or assessing whether you may have a serious injury/common law claim,
consider speaking with Hymans Legal.

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

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