TAC Death Claims – What to Do When a Loved One Passes Away February 6, 2026

When a loved one dies as a result of a transport accident in Victoria, the aftermath is often financially and emotionally challenging. The Transport Accident Commission (TAC) provides a range of statutory benefits to support families during this time. Understanding how to lodge a TAC death claim, what benefits may be available, and how legal assistance can help is essential for accessing all the support you are entitled to.

Let’s explore who can apply for TAC compensation after a fatal accident, including funeral expenses, lump sum death benefits, counselling entitlements, required documentation, and how personal injury lawyers in Melbourne can help.

Who can lodge a TAC death claim?

A TAC death claim may be lodged by immediate family members or dependants of a person who dies as a result of a transport accident. Eligibility generally includes:

• The spouse or de facto partner of the deceased
• Dependent children (under 18, or up to 25 if in full-time study)
• Adult dependants who relied on the deceased for financial support
• Parents, grandparents, siblings, and grandchildren, who require grief counselling or support

The accident must involve a car, motorcycle, tram, bus, train, or other registered motor vehicle. Pedestrians and cyclists struck by vehicles are also covered. TAC compensation may be available even if the accident occurred interstate, provided the vehicle involved was Victorian-registered.

When do you need to lodge a claim by?

A TAC death claim should be lodged within 12 months of the accident, though claims may be accepted up to three years after the accident in exceptional circumstances. For children, the deadline extends until their 21st birthday.

Funeral and burial expenses covered by the TAC

Following a fatal transport accident, the TAC provides financial support to cover reasonable funeral and burial expenses. The TAC may pay up to $19,330 for funeral-related expenses, which can include:

• Burial or cremation fees
• Coffin, casket, urn, or memorial
• Clergy or celebrant fees
• Funeral service charges
• Press notices or death notices
• Repatriation of the deceased, if required

The TAC can also reimburse up to $6450 for travel and accommodation costs for any immediate family members who live further than 100 kilometres from the funeral.

TAC Death Benefit: Lump Sum Payments and Ongoing Support

The TAC provides various financial supports to dependants following a fatal transport accident. These payments form a crucial part of the overall TAC death benefit available under Victorian law.

Lump sum payments and ongoing financial support

The financial impact of a sudden death can be significant, especially for households where the deceased was a primary income earner. The TAC provides lump sum payments to assist surviving dependents. These may include:

• Up to $229,980 for a surviving spouse or de facto partner
• Up to $229,980 for dependent children, divided among them
• Ongoing fortnightly payments for a surviving spouse or child if they were financially dependent on the deceased

If the deceased had previously received impairment payments from the TAC, those amounts are deducted from the total death benefit. Payments made to children are usually held in trust by the State Trustees until the child turns 18.

Counselling and support services

The emotional aftermath of a family member passing away is an area TAC also provides assistance for. Grief is neither linear nor does it have a deadline. TAC recognises that support is vital in the weeks, months, and even years after a fatal accident.

TAC can pay up to $20,520 (including GST) for counselling services. These services must be delivered by a GP, psychologist, or qualified social worker and are available to:

• The deceased’s partner or spouse
• Children, parents, grandparents, or siblings of the deceased

In some cases, if the loss results in a more severe mental injury diagnosed as depression, PTSD, or anxiety, family members may be eligible to lodge a separate TAC claim for medical treatment, therapy, or income support.

Documentation required to lodge a death claim

To lodge a successful TAC claim following a death, specific documentation is required. This helps the Commission assess eligibility and calculate entitlements. Typical documentation includes:

• A copy of the death certificate
• Details of the accident, including police reports or witness statements
• Medical records or certificates confirming cause of death
• Invoices or receipts for funeral and travel expenses
• Proof of relationship or dependency (such as joint bank accounts or tax records)

Claims can be lodged online via the TAC website or by contacting the TAC directly. Providing all the required documentation as early as possible can help avoid delays.

How a personal injury lawyer can help

TAC claims can be complex, particularly when it comes to proving financial dependency or negotiating lump sum payments. Engaging a TAC attorney early in the process helps avoid missing any entitlements that you may be eligible for. A personal injury lawyer with experience in TAC matters can help families:

• Understand their eligibility and rights
• Ensure all required documents are collected and submitted correctly
• Communicate with the TAC and manage negotiations
• Pursue common law claims if the accident was caused by another person’s negligence
• Represent them in legal proceedings if required

In addition to the administrative burden that a TAC death claim can produce, a lawyer can also provide a much-needed buffer during an emotionally difficult time. Let a personal injury lawyer sort legal matters while your family focuses on spending quality time together, healing through the process.

The final word

A fatal transport accident changes lives in an instant. While no amount of money can relieve the grief of losing a loved one, the financial support and counselling services provided by the TAC are designed to reduce some of the burdens families face after such a loss.

If you’ve lost someone in a transport-related incident in Melbourne or anywhere in Victoria, it’s important to know you’re not alone. The TAC is there to provide practical and emotional support, and help is available to ensure you receive everything you’re entitled to.

If you’re unsure where to begin, speak with one of our experienced TAC lawyers for clear, actionable legal advice. Protect your family’s future and bring clarity to your situation.