How Long After an Accident Can You Make a TAC Claim in Victoria?
First-person introduction:
When someone asks me, “How long do I have to make a TAC claim?” I know exactly why they’re worried. Maybe the accident happened months ago. Maybe the pain only just started. Maybe life got in the way and they didn’t realise they needed to lodge anything.
I’ve spoken to so many people who genuinely thought they’d “missed their chance” because they didn’t lodge a TAC claim immediately after their car accident. The truth is: you often have more time than you think. But you also need to understand the rules, the exceptions, and the deadlines so you don’t accidentally lose your right to support.
In this article, I’ll walk you through exactly how long you have to lodge a TAC claim in Victoria, what to do if you’re outside the standard timeframe, what exceptions exist, how delayed injuries are treated, and when legal advice can protect your entitlements. By the end, you’ll know your rights with clarity and confidence.
Table of Contents
- Understanding TAC Time Limits
- The Standard 12-Month Lodgement Rule
- The 3-Year Extended Lodgement Rule
- Time Limits for Fatal Accident Claims
- Exceptions to the Time Limits
- What If Your Injuries Don’t Appear Immediately?
- Psychological Injuries Lodged Later
- Time Limits for Minors (Under 18)
- What Evidence Do You Need When Lodging Late?
- How to Lodge a TAC Claim
- Why Time Limits Matter for Compensation
- When You Should Speak to a Lawyer
- Final Thoughts
Understanding TAC Time Limits
The Transport Accident Commission (TAC) provides medical treatment, income support, rehabilitation, travel expenses, and in some cases lump-sum compensation for people injured in transport accidents in Victoria.
However, these benefits are only available if you lodge your TAC claim within the required timeframe. The good news? The TAC offers flexibility for genuine cases where you couldn’t lodge immediately.
The Standard 12-Month Lodgement Rule
In most situations, you have 12 months from the date of the accident to lodge your TAC claim.
This is the standard rule and applies to almost all cases.
You should lodge within 12 months if:
- You were injured in a car, motorbike, truck, or public transport accident
- You were a pedestrian or cyclist hit by a vehicle
- Your injuries were obvious or diagnosed shortly after the accident
Even if your injuries seemed minor at first, it’s always safest to lodge within this 12-month window.
The 3-Year Extended Lodgement Rule
If you couldn’t lodge within 12 months, you may still have time. The TAC allows claims up to 3 years after the accident in certain situations.
You may be eligible for the 3-year extension if:
- You did not realise the injury was caused by the accident until later
- Your injury or symptoms developed gradually
- You experienced delayed psychological trauma
- You had difficulties obtaining medical evidence
- You were unaware you were eligible to claim
- You were physically or mentally unable to lodge a claim earlier
The TAC usually requires an explanation if lodging after 12 months but before 3 years. As long as your situation is reasonable, they often accept the claim.
Time Limits for Fatal Accident Claims
If someone dies in a transport accident, their dependent family members may lodge a claim for:
- Funeral expenses
- Counselling
- Dependency lump-sum payments
- Income support for dependents
The time limit for fatal accident claims is 2 years from the date of death.
However, the TAC may allow lodgement for up to 3 years if reasonable circumstances prevented the family from making the claim earlier.
Exceptions to the Time Limits
There are situations where claims may still be accepted after the usual deadlines. These circumstances generally involve situations where the injured person:
- Had a severe injury preventing them from lodging
- Was in a coma or hospitalised long-term
- Experienced significant mental health problems
- Was unaware of TAC rights or coverage
- Was misinformed by a professional
- Was a victim of a hit-and-run or could not identify the at-fault driver
While these are not automatic approvals, the TAC often considers genuine, unavoidable delays fairly—especially with strong evidence or legal assistance.
What If Your Injuries Don’t Appear Immediately?
This is incredibly common. After an accident, adrenaline can mask pain for hours or even days.
Common delayed injuries include:
- Whiplash
- Concussion symptoms
- Lower back pain
- Shoulder and neck stiffness
- Psychological trauma
- Headaches
- Internal injuries
If your symptoms appear days or weeks later, you may still lodge a claim—just ensure you visit a GP and document the link to the accident.
Psychological Injuries Lodged Later
Psychological injuries such as PTSD, anxiety, depression, and adjustment disorder often develop weeks or months after the accident.
The TAC recognises this and allows claims based on delayed psychological symptoms, even if physical injuries were minor or absent.
Examples include:
- Fear of driving
- Nightmares or flashbacks
- Generalised anxiety after the crash
- Trauma after witnessing a serious accident
These claims may be accepted beyond the 12-month window if reasonable evidence is provided.
Time Limits for Minors (Under 18)
If the injured person is under 18, TAC gives them extra time.
For minors:
- They have until their 21st birthday to lodge a claim
This ensures children injured in transport accidents are still protected—even if their parents were unable to lodge the claim earlier.
What Evidence Do You Need When Lodging Late?
If you’re lodging outside the 12-month period, TAC may ask for supporting information such as:
- GP or hospital records
- Scans, imaging, test results
- Psychologist reports
- Employer statements
- A written explanation of the delay
- Proof of extraordinary circumstances (if applicable)
A lawyer can help you prepare this evidence to ensure your claim is accepted.
How to Lodge a TAC Claim
1. Get Medical Attention
See a GP or go to hospital. Your injuries must be documented.
2. Ensure the Accident Was Reported
In many cases, TAC requires a police report number—especially for hit-and-runs.
3. Lodge Your Claim Online or By Phone
You can lodge directly through the TAC website or via a phone lodgement.
4. Provide Accurate Details
TAC will ask about:
- Accident details
- Your injuries
- Your work situation
- Your treatment providers
5. Receive Your Claim Number
This allows doctors and physios to bill TAC directly.
Why Time Limits Matter for Compensation
Lodging your TAC claim within the deadlines doesn’t just ensure medical coverage. It also protects your right to:
- Weekly income support payments
- Funded rehabilitation treatment
- Travel reimbursements
- Home care support
- Equipment (braces, aids, wheelchairs)
- Pain and suffering compensation (for serious injuries)
- Loss of income lump sums (common law claims)
Missing the deadline can put these entitlements at risk—but legal help can sometimes overcome delays.
When You Should Speak to a Lawyer
You should speak to a TAC lawyer if:
- You’re lodging your claim after 12 months
- Your claim was rejected
- Your injuries worsened over time
- You have a psychological injury
- You may be eligible for a serious injury application
- You think you may qualify for a lump-sum common law claim
A lawyer can help you prepare your evidence and fight for your entitlements—especially if the time limit has passed.
Final Thoughts
You generally have 12 months to lodge a TAC claim after a car accident in Victoria, but the system also allows extensions up to 3 years in many cases. Minors get even longer, and psychological injuries are often recognised well beyond the standard timeframe.
If you’re unsure, dealing with delays, or worried you may have missed the deadline, don’t panic—help is available. Speaking with an experienced TAC lawyer can completely change the outcome of your claim.
For expert advice and guidance, contact Hymans Legal or call 1300 667 116. Their team can assess your situation and help you lodge your TAC claim—even if you’re outside the usual timeframe.