Who Is Eligible To Make A TAC Claim In Victoria?

Who Is Eligible to Make a TAC Claim in Victoria?

First-person introduction:
When I first started learning about the TAC system in Victoria, I was genuinely surprised at how many people were actually eligible to make a claim. Most people think TAC only applies to drivers involved in serious crashes, but the truth is far broader. I’ve had conversations with friends, clients, and everyday Victorians who were shocked to discover they could have claimed TAC benefits years ago and simply didn’t know.

So, if you’re wondering whether you qualify—or you just want a clear breakdown without the usual legal jargon—this guide is for you. By the end of this article, you’ll understand exactly who can make a TAC claim, what situations are covered, and how to protect your rights from the very beginning.

What Is the TAC?
Eligibility Basics
Types of Injuries Covered
Who Can Make a TAC Claim?
Drivers & Passengers
Pedestrians & Cyclists
Motorcyclists & Pillion Passengers
Public Transport Accidents
Interstate & Overseas Situations
Unregistered or Unknown Vehicles
Fatal Accident Claims
Important Exceptions
How to Make a TAC Claim
When to Speak to a Lawyer
Final Thoughts

What Is the TAC?

The Transport Accident Commission (TAC) is Victoria’s road accident insurer, funded through vehicle registration fees. If you’re injured in a transport accident involving a Victorian-registered vehicle, chances are you’re covered. The system is designed to support people with treatment, rehabilitation, income support, and in some cases, lump-sum compensation.

Eligibility Basics

Eligibility for TAC benefits is based on three main factors:

A transport accident must occur — involving a motor vehicle, tram, bus, train, motorcycle, or similar.
You must suffer an injury — physical or psychological.
The accident must involve a Victorian-registered vehicle or fall under specific interstate/overseas rules.

The important part? You do not need to prove someone else was at fault to get basic treatment and support benefits. This is called the “no-fault” system.

Types of Injuries Covered

TAC covers a wide range of injuries, including:

Soft tissue injuries (whiplash, back strain, muscle tears)
Broken bones and fractures
Head injuries and concussions
Spinal injuries
Psychological trauma, anxiety, depression, PTSD
Internal injuries
Burn injuries
Amputations or long-term disability

Even seemingly minor injuries may qualify if they affect your ability to work, care for yourself, or maintain daily activities.

Who Can Make a TAC Claim?

Contrary to what many people think, TAC eligibility covers far more situations than just drivers. You can make a claim if you were:

A driver
A passenger
A pedestrian
A cyclist
A motorcyclist
A pillion passenger
A public transport user
A person injured by an unregistered or unidentified vehicle
A Victorian injured interstate
A family member of someone killed in a transport accident

If any of the above apply, you may be eligible—regardless of who caused the accident.

Drivers & Passengers

Drivers

Drivers are eligible for TAC benefits even if they caused the accident. This surprises many people, but it’s part of the no-fault system. You may receive treatment, support, income replacement, and other benefits.

However, drivers found guilty of certain offences (e.g., drink driving, unlicensed driving) may have limited entitlements. We’ll cover exceptions later.

Passengers

Passengers almost always qualify because their actions rarely contribute to the accident. Whether you were in a car, taxi, Uber, motorbike, or truck—you’re typically eligible to lodge a TAC claim.

Pedestrians & Cyclists

Pedestrians and cyclists hit by vehicles are covered—even if the vehicle leaves the scene or can’t be identified. This makes the TAC system particularly protective of vulnerable road users.

Cyclists injured because of car doors being opened (the classic “dooring” incident) are also eligible to make a claim.

Motorcyclists & Pillion Passengers

Motorbike riders and pillion passengers are fully eligible for TAC support. Motorcyclists often suffer more severe injuries, so TAC benefits like surgery, long-term rehabilitation, income support, and psychological therapy are critically important.

Public Transport Accidents

You are eligible if you’re injured as a passenger on:

Trams
Buses
Trains
V/Line or regional rail

Even injuries caused by sudden stops, falls inside the vehicle, or collisions involving another vehicle can qualify.

Interstate & Overseas Situations

This is where many people get confused. You may still be eligible to make a TAC claim if:

The accident happens outside Victoria but involves a Victorian-registered vehicle
You are a Victorian resident injured interstate
You are injured overseas in limited circumstances involving Victorian vehicles

In many cases, as long as a Victorian-registered vehicle is part of the event, TAC coverage still applies—even if you weren’t in Victoria.

Unregistered or Unknown Vehicles

You may still be covered if you were injured by:

An unregistered vehicle
An unidentified vehicle (e.g., a hit-and-run)

The TAC has a dedicated pathway for hit-and-run victims to ensure they still receive medical and financial support.

Fatal Accident Claims

If a family member is killed in a transport accident, their loved ones may be eligible to claim compensation under the TAC system. This may include:

Funeral expenses
Counselling
Lump-sum dependency payments
Income support for dependents

A lawyer can assist families in navigating what is typically a complex and emotional process.

Important Exceptions

While the TAC covers most people, there are situations where your eligibility may be reduced or denied:

Driving unlicensed
Drink driving or drug driving
Intentionally self-inflicted injuries
Using a vehicle for criminal activity
Failing to wear a helmet or seatbelt (may reduce benefits)
Reckless or extreme behaviour

These situations don’t always completely prevent a claim—but they can affect the benefits you receive. Legal advice is strongly recommended in these cases.

How to Make a TAC Claim

1. Report the Accident

Make sure the police are notified if required. If you’re injured, see a GP immediately—and tell them your symptoms are accident-related.

2. Lodge Your Claim

You can lodge online or by calling the TAC directly. You’ll need your personal information, accident details, medical documentation, and employment details.

3. TAC Assessment

The TAC will assess your claim and approve benefits. This usually happens quickly unless the situation is complex.

4. Start Receiving Treatment

Once approved, treatment providers can bill the TAC directly, so you aren’t out-of-pocket for approved treatments.

5. Keep Records

Save all receipts, certificates, and treatment plans. These are essential for future reviews or lump-sum claims.

When to Speak to a Lawyer

Even though TAC claims can be straightforward at first, many people don’t realise they may be entitled to far more than just medical expenses. A lawyer can help you understand your full entitlements, particularly if your injuries are serious, long-term, or affect your work.

A TAC lawyer can assist with:

Understanding your rights and entitlements
Challenging TAC decisions
Preparing Serious Injury applications
Pursuing lump-sum common law claims
Negotiating higher compensation
Helping with complex or disputed claims

If you’re unsure whether you qualify, it’s better to get advice early to avoid missing out on benefits.

Final Thoughts

Eligibility for TAC claims in Victoria is far broader than most people realise. Whether you’re a driver, passenger, cyclist, pedestrian, motorcyclist, or even a public transport user—there’s a strong chance you may be covered if you’ve been injured on Victorian roads.

If you want help understanding your rights or you suspect you’re eligible but aren’t sure where to start, it’s worth speaking with a specialist TAC lawyer.

For expert guidance, contact Hymans Legal or call 1300 667 116. Their team can help you understand your options and maximise your entitlements.