Understanding TAC Common Law Claims in Victoria January 12, 2026

If you have suffered injury in a transport accident in Victoria due to another party’s negligence, you may be entitled to pursue a claim for common law damages. These damages sit outside the statutory TAC scheme and provide compensation for your pain and suffering and loss of earnings where your injury has long-term impacts.

Let’s explore how common law TAC claims work, the eligibility criteria, what compensation may be available, and how personal injury lawyers can assist you through the process.

What is a TAC common law claim?

A TAC common law claim is a claim for damages brought by an injured person who has suffered a “serious injury” as a result of a transport accident caused wholly or partly by another person’s negligence.

This is different from a TAC statutory benefits claim. While statutory benefits provide medical treatment, income support and rehabilitation regardless of who was at fault, a common law claim requires proof of negligence and proof of a serious injury. Where established, it allows an injured person to seek lump sum compensation for:

• Their pain and suffering
• Their loss of earnings (past and future)

A common law claim is not automatic. The claim process involves formal applications, evidence gathering, and strict time limits, which a TAC attorney can guide you through.

Who can make a TAC common law claim?

To bring a common law claim for transport injury compensation in Victoria, an injured person must satisfy two key requirements:

1. Another party was at fault

An injured person must demonstrate that another person, organisation or authority was negligent and that their negligence caused or contributed to the accident. Fault may rest with:

• Another driver
• A road authority responsible for road design or maintenance
• A vehicle owner or operator
• Any person whose actions caused the accident

Your lawyer will gather evidence such as witness statements, accident reports, medical records, CCTV footage or expert opinions to establish fault.

2. The injury is a “serious injury”

To be eligible for common law damages, an injured person must show they have suffered:

• A permanent impairment of 30% or more, or
• A “serious injury” as defined under the Transport Accident Act, which may include:
  • Loss of a limb
  • Permanent brain injury
  • Severe scarring or disfigurement
  • Chronic pain conditions
  • Permanent psychological injury
  • Any long-term impairment that significantly affects daily life or work

Before the common law process can begin, the injured person must also apply for and obtain a serious injury certificate.

What type of compensation is available under a TAC common law claim?

Where fault and serious injury are established, an injured person may be entitled to two types of damages, both separate from and in addition to any TAC statutory benefits already received.

Pain and suffering

This lump sum compensates for the physical and psychological impact of the injury. From July 2025 onwards, the maximum amount payable for pain and suffering damages is $680,160. The TAC sets statutory maximums for pain and suffering and loss of earnings, which are indexed each year. Your lawyer can confirm the current caps at the time of your claim.

Loss of earnings

This compensation relates to past and future economic loss where the injury has affected an injured person’s capacity to work. The maximum payable for economic loss damages is $$1,530,470 as of July 2025 (indexed annually).

Are there time limits for TAC common law claims?

Strict time limits apply to common law damages claims:

• A TAC claim for statutory benefits must generally be lodged within 12 months of the accident (extensions of up to 3 years may be granted in limited circumstances).
• Proceedings for common law damages must be commenced within 6 years of the accident.

Failing to act within these time limits may extinguish your right to pursue damages. It is important to obtain legal advice promptly.

How the TAC common law claims process works

Once an injured person’s injuries have stabilised, they may be assessed for a serious injury certificate. The common law process generally involves:

1. Evidence gathering: including medical reports, accident evidence, income records and expert assessments
2. Serious injury application: applying to the TAC for a certificate confirming serious injury
3. Negotiations: if the certificate is granted, TAC will generally engage in a negotiation process
4. Litigation (if required): if a fair settlement cannot be reached, the matter may proceed to court. Many claims settle without the need for litigation.

How MDW Lawyers can help

We act promptly to protect your rights and ensure all entitlements under the Transport Accident Act are maximised. Our lawyers can assist injured people with key aspects of the TAC claim process, such as:

• Assessing fault and determining whether a serious injury exists
• Preparing and lodging serious injury applications
• Gathering medical, financial and accident evidence
• Negotiating with the TAC on your behalf
• Representing you in court if required
• Advising you on statutory benefits, impairment claims and common law options

The final word

If you have suffered a serious injury in a transport accident caused by someone else’s negligence, you may be entitled to significant compensation under a TAC common law claim. Strict time limits apply, and obtaining legal advice early will improve your chances of a successful outcome.

Our compensation lawyers provide high-quality advice and representation for common law and statutory TAC claims. Contact us to learn more about your rights and your options.