Can I Claim TAC If I Was At Fault In The Accident In Victoria?

Can I Claim TAC if I Was at Fault in the Accident in Victoria?

First-person introduction:
I’ll never forget the first conversation I had with someone who said, “I think the accident was my fault… does that mean TAC won’t help me?” The look of worry on their face said everything. They were injured, stressed, and already feeling guilty — and now they thought they’d have to carry all the medical bills and time off work on their own.

What most people don’t realise is that Victoria’s TAC system is built differently from typical insurance. It’s designed to support people after transport accidents — even when the person injured was the one who caused the crash. And honestly, the relief people feel when they learn this is incredible.

So in this article, I’m going to break everything down clearly and simply. Whether you made a mistake on the road, misjudged something, or even if no one was technically “at fault,” you’ll learn exactly what the TAC covers, what it doesn’t, and how being at fault affects your rights.

By the end, you’ll know exactly where you stand — and what support you’re entitled to through the TAC.

Understanding TAC’s “No-Fault” System
Does TAC Cover You If You’re at Fault?
What TAC Will Pay For Even If You’re at Fault
Income Support When You’re at Fault
Situations Where TAC May Reduce or Deny Benefits
Serious Injury & Common Law Claims If You’re at Fault
Passengers & Other Road Users
Medical Evidence & Reporting Requirements
How to Lodge a TAC Claim Even If You’re at Fault
Why You Should Speak to a Lawyer
Final Thoughts

Understanding TAC’s “No-Fault” System

The Transport Accident Commission (TAC) operates on what is called a no-fault compensation model. This means:

You can receive benefits even if the accident was your fault.

The TAC pays medical treatment, rehabilitation costs, income support, and other benefits to anyone injured in a transport accident involving a Victorian-registered vehicle — including drivers who caused the accident.

The system was designed this way to ensure that injured people receive help quickly, without lengthy debates about whose fault the accident was.

Does TAC Cover You If You’re at Fault?

The short answer is: Yes — TAC covers at-fault drivers.

If you were responsible for the accident, the TAC will still provide benefits such as:

Medical treatment
Rehabilitation
Support services
Income support if you can’t work
Travel costs
Home help in some cases

This applies to:

Car accidents
Motorbike accidents
Truck accidents
Cyclists who collide with vehicles
Public transport accidents
Single-vehicle accidents (e.g., hitting a tree or pole)

You don’t need to “prove” fault or innocence — TAC will look at whether you were injured and if a Victorian-registered vehicle was involved.

What TAC Will Pay For Even If You’re at Fault

Being at fault does not stop you from receiving support. Here’s what TAC will usually fund:

1. Medical Treatment

GP appointments
Hospital admissions
Ambulance costs
Specialists (orthopaedics, neurology, psychology)
Physiotherapy
Chiropractic care
Imaging (MRI, CT, X-rays)
Medication

2. Rehabilitation

Exercise physiology
OT assessments
Return-to-work programs
Pain management

3. Income Support

If you can’t work, TAC may pay up to 80% of your pre-injury income for a period of time.

4. Travel Costs

TAC reimburses travel to and from medical appointments — even if you caused the crash.

5. Home & Attendant Care

If your injuries require support, TAC may fund:

Home help
Domestic support
Personal care

These benefits apply regardless of fault.

Income Support When You’re at Fault

If your injuries stop you from working, TAC may pay:

Loss of Earnings benefits for employees
Loss of Earning Capacity benefits for longer-term injuries

This is available even if you caused the accident, as long as:

You lodge your claim correctly
Your doctor certifies you unfit for work
Your accident is covered by TAC

Situations Where TAC May Reduce or Deny Benefits

While TAC does cover at-fault drivers, there are certain behaviours that may reduce or limit what the TAC will pay for.

TAC may reduce benefits if you were:

Drink driving
Drug driving
Driving unlicensed
Driving an unregistered vehicle
Not wearing a seatbelt
Speeding excessively
Engaging in criminal activity

These situations do NOT always result in a denial — but TAC may:

Reduce medical funding
Reduce income benefits
Limit long-term support

This is where legal advice becomes crucial.

Serious Injury & Common Law Claims If You’re at Fault

This is the one area where fault DOES matter.

If you were at fault in the accident, you generally cannot claim lump-sum compensation for pain and suffering or long-term economic loss under common law.

These large payouts are only available when:

Someone else’s negligence caused the accident
You have a serious injury

So while TAC will cover treatment and support for at-fault drivers, they usually cannot pursue a common law claim unless another party contributed to the accident.

Passengers & Other Road Users

If you were at fault, passengers in your vehicle are still eligible for full TAC benefits — and in some cases, may have rights to common law claims.

This does not reduce your own access to TAC support.

Medical Evidence & Reporting Requirements

To claim TAC benefits — whether at fault or not — you still need proper documentation:

Medical records linking your injuries to the accident
A TAC claim lodged within legal timeframes
A police report for accidents involving injury or hit-and-run
Proof the accident occurred (photos, witnesses, insurance reports)

If you caused the accident, TAC may ask additional questions — but they cannot deny claims solely because you were at fault.

How to Lodge a TAC Claim Even If You’re at Fault

Step 1: Get Medical Attention

Your injuries need to be recorded by a GP, hospital, or specialist.

Step 2: Report the Accident (if required)

Injury = must report
Hit-and-run = must report
Property damage only = optional

Step 3: Lodge Your TAC Claim

You can lodge online or by phone. TAC will ask about:

What happened
Your role in the accident
Your injuries
Your medical treatment
Your employment situation

It is not necessary to hide that you were at fault — the TAC system is designed to support you regardless.

Step 4: Receive Your Claim Number

This allows your doctors and therapists to bill TAC directly.

Step 5: Begin Treatment & Track Evidence

Follow your treatment plan and keep your certificates of capacity for income support.

Why You Should Speak to a Lawyer

You should speak to a TAC lawyer if:

You were drink driving or unlicensed during the accident
You were speeding or distracted
You think TAC may reduce your benefits
You are unsure what you’re entitled to
You believe another party may share some fault
Your injuries are serious or long-term
TAC has rejected or limited your claim

A lawyer can help prevent unfair reductions or rejections — and may identify compensation avenues you didn’t know existed.

Final Thoughts

Can you claim TAC if you were at fault in a Victorian accident? Absolutely.

The entire TAC system is built to support injured people quickly, without long disputes about responsibility. Whether you made a mistake, lost concentration, misjudged a turn, or got caught in a moment of panic, you are not automatically excluded from receiving the help you need.

However, some situations — like drink driving, speeding, or being unlicensed — can complicate things. And if your injuries are serious, understanding your rights can make a major difference to your long-term recovery and financial stability.

For clear guidance on your TAC rights, contact Hymans Legal or call 1300 667 116. Their experienced TAC lawyers can help you navigate the process and maximise your entitlements.