Quick answer: uninsured driver doesn’t usually block TAC

In Victoria, the TAC scheme is not the same as private car insurance.
Even if the other driver had no insurance—or you can’t identify them at all—you may still be eligible for TAC benefits.
TAC is primarily focused on supporting people injured in transport accidents, not on whether the at-fault driver paid their insurance premium.

That means many people who are hit by uninsured or unregistered drivers still receive medical and income support through TAC.
Where things can change is in relation to fault-based claims (common law), and in some situations involving ownership or registration of the vehicle you were in.

TAC vs private insurance: understanding the difference

A lot of confusion comes from mixing up private car insurance with TAC coverage.
In Victoria, TAC is funded by the TAC charge paid with vehicle registration.
It provides statutory benefits to people injured in transport accidents, regardless of who caused the crash in most cases.

Private insurance

Private car insurance (comprehensive or third-party property) deals with vehicle and property damage.
If the other driver is uninsured, your car repairs may be difficult to recover—but that is separate from your personal injury rights under TAC.

TAC benefits

TAC focuses on injury: treatment, rehabilitation, income support, and in serious cases, long-term assistance.
This is why discovering the other driver was uninsured does not automatically cut off your entitlements.

How TAC works when the other driver is uninsured

The TAC scheme is designed to protect injured people, not to punish them for the mistakes of others.
So even if the driver who caused the accident did not have private insurance—or even if the vehicle was unregistered—you may still be able to lodge a TAC claim.

No-fault benefits still apply

For treatment and basic income support, TAC usually does not require you to prove fault.
As long as you were injured in a transport accident in Victoria and your injury was caused by the driving of a motor vehicle,
TAC may step in regardless of the other driver’s insurance status.

Why uninsured drivers still trigger TAC

TAC is funded through registration charges, not through the at-fault driver’s private insurer.
That structure is what allows injured people to be supported even when the person who caused the crash did not do the right thing.

Registered vs unregistered vehicles – why it matters

One area where things become more technical is when the accident involves an unregistered vehicle.
If you were simply an innocent driver, passenger, pedestrian or cyclist struck by an unregistered vehicle,
you may still be covered by TAC in many circumstances.

If you owned the unregistered vehicle

Problems can arise if you were driving or riding in a vehicle you owned and it was unregistered at the time of the accident.
In those cases, certain benefits—particularly income support—may be restricted or excluded depending on the facts.
This is a major reason to get tailored advice quickly if registration issues are involved.

If the other driver’s vehicle was unregistered

If you were injured by someone else who was driving unregistered, your TAC position is often far stronger.
But evidence becomes more important, because TAC may need confirmation of how the accident occurred.

What you can claim through TAC in these cases

If your claim is accepted, TAC benefits may include:

Medical treatment and rehabilitation

• GP visits, specialists, imaging, surgery
• Physiotherapy, chiropractic, psychology
• Rehabilitation programs and follow-up care

Income support

If you cannot work or need to reduce your hours because of your injuries,
TAC may provide weekly payments based on your pre-accident earnings.
For Melbourne workers in casual or gig roles, documentation is key—payslips, tax records and rosters matter.

Support services

Home assistance, transport to appointments, and in serious cases personal care or equipment may be funded
where they are reasonably required for your recovery.

Time limits and why acting early is critical

You generally have 12 months to lodge a TAC claim from the date of the accident,
or from when your injury first becomes evident.

People often delay because they are focused on dealing with the uninsured driver, car repairs, or police.
Unfortunately, missing the TAC time limit can make your situation far more complicated.

How to lodge your TAC claim step by step

1. Get medical attention and ensure the accident details are recorded.
2. Collect details of the other vehicle—even if they are uninsured or provide limited information.
3. Photograph the scene, damage, and any visible injuries.
4. Lodge your TAC claim within the 12-month period.
5. Respond promptly to any TAC requests for additional information.

Evidence tips when the other driver has no insurance

When the other driver is uninsured, disputes are more likely.
The more independent evidence you can gather, the stronger your position:

• Witness contact details
• Dashcam or CCTV footage
• Police event numbers
• Photos of the scene and vehicle damage

Can you still pursue common law compensation?

In serious injury cases, you may be able to pursue common law damages even if the at-fault driver was uninsured.
This is a more complex area that usually requires legal advice, especially where fault, registration status,
or ownership of the vehicle is disputed.

Special scenarios: hit-and-run, stolen vehicles, fake details

Uninsured drivers are often linked with hit-and-run accidents, stolen cars, or providing false details.
These scenarios don’t automatically stop TAC coverage, but they do make evidence collection critical.
Always report the incident to police and keep the event number.

FAQ’s

Can I still claim TAC if the other driver had no insurance?

Yes, in many cases TAC benefits are still available because TAC is not dependent on the other driver’s private insurance.

What if the other car was unregistered?

You may still be eligible for TAC, especially if you were not the owner of that vehicle.
However, these cases are more technical and benefit from early advice.

Does TAC cover my car damage?

No. TAC focuses on injury benefits, not vehicle or property damage.

Final Thoughts

Being hit by an uninsured driver is stressful, but in Victoria it does not usually mean you are left without support.
TAC exists to protect injured people—even when the at-fault driver has done the wrong thing.
The most important steps are to seek medical help, lodge your claim within time, and get advice if registration or ownership issues are involved.

Melbourne recommendation: Hymans Legal

If you were injured by an uninsured driver and want help understanding your TAC rights,
consider contacting Hymans Legal.

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

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