TAC claim time limit – how long do you have to make a claim?
You have 12 months from the date of the accident in which to lodge an initial TAC claim.
The 12 month period starts running at either the date of the accident or after your injuries become apparent.
In some cases, the 12 month period can be increased if there is a reasonable excuse for the delay in lodging the claim.
It’s important to keep in mind that this initial TAC claim only entitled you to the payment of medical and like expenses and potentially income benefits.
In order to claim any lump sum compensation, you will need to lodge seperate applications.
Do I have to report the accident to the police to make a TAC claim?
If the police did not attend the scene of the accident, you should report the accident to the police before lodging your claim.
If the police did attend the scene then you do not need to report the accident.
If the accident occurred on public transport, you should report the accident to the public transport operator (e.g. metro trains).
How long will the TAC take to make a decision on my claim?
The TAC will accept or deny a claim within 21 days of receiving the claim.
In some cases, during this 21 day period, they will request further information in order to determine the claim.
Once they have received the further information, they will then determine the claim within 14 days.
If the TAC requests that you provide further information, you have 28 days to do so.
If you do not provide the material to them within this time frame, your current claim will lapse and you will need to lodge a new claim.
Note that the 28 day period can be extended if it is agreed if the TAC agrees to do so.
How long do I have to lodge a TAC impairment (lump sum) claim?
You have six years from the date of the accident or from when the injury that you suffered in the accident first manifests itself to apply to the TAC for an impairment determination.
How long do I have to lodge a TAC common-law claim?
In Victoria you have six years to bring a common law claim.
In some cases this date can be extended.
In order to bring a common law claim, you need to have an accepted TAC claim.
How long does it take for a common law claim to resolve?
Once a common-law claim has been lodged, the time to resolution can vary significantly.
A straightforward case can take only a few months whereas cases that are more complex can take a year or more.
What is the time limit to apply for the payment of medical and like expenses?
The TAC can pay medical and like expenses that are related to the accident when the application is made within three years from the date of your accident or two years from the date of the expense being incurred.
If the TAC makes a decision that I disagree with, how long do I have to contest that decision?
You have 12 months from the date of the decision in which to bring a dispute application or pursue the matter to VCAT.