Here’s where you actually stand for pothole accident compensation under Victoria’s no-fault system.

You know the sound. That heavy thud as a wheel drops into a crater you never saw coming, followed by the sinking feeling that this is going to cost you. For a lot of Victorians right now, it ends in a blown tyre, a bent rim, or a towing bill on the way home. And just last week, an official report confirmed what most of us already suspected from the driver’s seat.

The Victorian Auditor-General report found that 48 per cent of state-managed roads were in poor or very poor condition in 2024, up from 39 per cent in 2021, and that the network is now deteriorating faster than it is being repaired. Both major parties have since promised billions to fix it ahead of November’s state election. That is cold comfort when the damage has already been done.

A ruined tyre is frustrating and expensive. But the same roads that shred rubber can do something far more serious: they can cause a crash, and they can hurt people. That is the part that does not make the headlines, and it is where our focus at Henry Carus + Associates sits.

Sadly, this is not hypothetical. In recent days, a much-loved Victorian motorcyclist died following a crash on the Western Highway near Ballarat, amid reports that a pothole may have been involved. The cause is still being examined, and our thoughts are with his family, his friends and the wider riding community. It is a sombre reminder that a road in poor repair is not just a hit to the hip pocket — for people on two wheels in particular, the consequences can be devastating.

Quick answer

If you are injured in a car accident in Victoria, including a single-vehicle crash caused by a pothole or a poor road surface, you may be entitled to support through the Transport Accident Commission (TAC), regardless of who or what caused it. That is because the TAC is a no-fault scheme. Damage to your vehicle is a separate matter, handled by the relevant road authority rather than the TAC.

What the Auditor-General’s report actually found

The report, titled Maintaining State Roads, was tabled in Victorian Parliament on 9 September 2026. A few figures stand out:

• Nearly half the state-managed network (48%) was rated poor or very poor in 2024, up from 39 per cent three years earlier.
• The gap between road defects recorded and defects repaired more than doubled between January 2025 and June 2026.
• The Department of Transport and Planning has advised that it would cost more than $3 billion a year just to hold road condition where it is while replacing ageing assets.

With an election due in late November, both sides have made commitments: the Government has pledged an extra $352 million to double the number of potholes repaired this year to 500,000, and the Coalition has promised $5 billion over four years to fix a million. Whether either is enough is a question for the political debate. Our interest is narrower and more practical: what it means for you if a road causes you harm.

First, if a pothole has damaged your car — not you

Let’s deal with the common one quickly, because it is not something we handle, and we would rather point you to the right place than leave you guessing.
If a pothole has damaged your vehicle, that is a property matter. You can report it and seek reimbursement from whoever is responsible for the road — the Department of Transport and Planning for state-managed roads such as freeways and major highways, or your local council for local roads. RACV can also help point members in the right direction.

Be aware that road authorities have legal protections under the Road Management Act 2004 (Vic), so these claims are not always straightforward or successful. But you are entitled to ask, and it costs nothing to lodge a report.

Pothole accident compensation Victoria

If you’ve been injured, the picture is very different. If you, or someone you love, has been injured in a car accident on a Victorian road, the situation changes completely, and real support is available. This is where it helps to understand how compensation actually works in this state.

The TAC is a no-fault scheme

In Victoria, anyone injured in a transport accident may be entitled to help from the TAC, regardless of who or what was at fault. A “transport accident” means an injury caused by the driving of a car, motorcycle, bus, train or tram. A single-vehicle crash such as hitting a pothole, losing control, and coming off the road, is caused by the driving of a vehicle, so it can be covered.

Being no-fault is the important part. You do not need another driver to blame. You do not need to prove anyone was negligent. If you were injured in a transport accident connected to Victoria, you may be able to claim even if the accident was partly or wholly your own doing; though some entitlements can be reduced if you contributed to it, for example if you were not wearing a seatbelt.

Depending on your circumstances, TAC support may include:

• reasonable medical and hospital treatment;
• income support if you cannot work;
• rehabilitation and support services;
• travel and related expenses;
• in some cases, a lump-sum impairment benefit.

Many people do not realise any of this. They assume that because no one can be “blamed” for a pothole, there is nothing to claim. That is simply not how the Victorian scheme works.

“But no one was to blame — can I still claim?”

Quite possibly, yes. This is the misunderstanding that stops people from picking up the phone, so it is worth being clear. You can be eligible for TAC no-fault benefits even when:

• no other vehicle was involved;
• you never worked out exactly what caused the crash;
• the cause was a pothole, loose gravel, an animal, or the road surface itself;
• the accident was, in part, your own fault.

The question the TAC asks is not “whose fault was it?” but “were you injured in a transport accident?” If the answer is yes, you may have an entitlement.

Is there anything beyond TAC no-fault benefits?

Sometimes. In addition to no-fault benefits, a person who suffers a “serious injury” (as defined by the legislation) may be able to pursue common law damages — for example, for pain and suffering or economic loss. But there is an important difference: a common law claim generally requires proving that another party was negligent.

For a crash caused purely by a pothole, that is genuinely difficult, because the road authority’s legal protections under the Road Management Act 2004 (Vic) make claims against it hard to establish. Where another driver contributed to the accident, a common law claim may be more realistic. Every situation turns on its own facts — which is exactly why it is worth having someone look at yours properly before you assume the answer either way.

What to do if you’ve been injured on the road

If you have been hurt in a road accident in Victoria, a few practical steps matter:

• Get medical attention. Your health comes first, and early treatment also creates a record of your injuries.
• Report the accident to police and keep the reference number as the TAC generally needs it.
• Keep everything: receipts, medical records, and a note of how the injury is affecting your work and daily life.
• Lodge your TAC claim promptly. As a general rule you have 12 months from the date of the accident. The TAC may accept a late claim up to three years in limited circumstances, but it is far better not to leave it.
• Get advice if you’re unsure. You do not have to work out your entitlements alone.

Want to understand how a TAC claim works?

We’ve put together a free guide explaining the basic steps you should follow if you experience a serious motor vehicle accident:

▸ Download our free guide

Frequently asked questions

Can I make a TAC claim if no other car was involved?

Yes, potentially. The TAC is a no-fault scheme, so you may be entitled to support even in a single-vehicle accident, including one caused by a pothole or poor road surface, as long as you were injured in a transport accident connected to Victoria.

Can I claim if the accident was partly my fault?

In most cases, yes. Fault does not decide your eligibility for TAC no-fault benefits. Some entitlements may be reduced if you contributed to the accident, but you can still be covered.

Can I get compensation for hitting a pothole?

It depends on what was damaged. If your car was damaged, that is a property matter for the relevant road authority or council, not the TAC, and those claims can be difficult. If you were injured, you may be entitled to TAC support regardless of the cause.

How long do I have to make a TAC claim?

Generally, 12 months from the date of the accident. The TAC may accept a claim lodged later (up to three years) in limited circumstances, but it is best to lodge as soon as you can.

Who pays for the damage to my vehicle?

Not the TAC. Vehicle damage is a property matter. You can report it and seek reimbursement from the Department of Transport and Planning (for state roads) or your local council (for local roads), though road authorities have legal protections that can limit these claims.

How Henry Carus + Associates can help

An injury affects far more than your body. It affects your income, your family, and your sense of what comes next. You should not also have to navigate a compensation system on your own at the hardest moment.

That is what we are here for. Our Melbourne-based team has an in-depth knowledge of Victoria’s TAC scheme, and we handle the paperwork, the process and the back-and-forth with the TAC so you can focus on recovering. We will explain your options clearly, without pressure and without jargon, and make sure you receive everything you are entitled to.

Your first consultation is free and without obligation. We act on a No Win, No Fee basis. Sometimes a single conversation is enough to understand where you stand.
If a Victorian road has left you or someone you love injured, contact our team for a confidential discussion.

This article is general information only and is not legal advice. Whether you are entitled to support through the TAC depends on your individual circumstances. For advice about your situation, please speak with our team or another qualified personal injury lawyer.

The post Injured in a Pothole or Road Crash in Victoria? Your TAC Options appeared first on Henry Carus + Associates.

Proving fault is not always obvious, and it’s not always as simple as who had the right of way. Here’s what you need to know.

Key Takeaways

• Victoria’s TAC scheme pays no-fault benefits regardless of who caused the crash
• Fault only becomes critical when you pursue common law compensation for pain, suffering, and economic loss
• Police reports, photos, witness statements, and dashcam footage are among the most important tools for establishing fault
• Contributory negligence (where both parties share some responsibility) can reduce your compensation
• A specialist lawyer can help gather, preserve, and present the evidence needed to prove your case

Why Fault Matters in Victoria

The Transport Accident Commission (TAC) operates on a no-fault basis for statutory benefits. Under the Transport Accident Act 1986, the TAC does not consider who was at fault when determining whether a person is eligible for compensation. That means you can claim medical expenses, income support, and rehabilitation regardless of what happened.

But fault becomes central the moment you want to pursue a common law compensation claim, which can provide compensation for pain and suffering and financial loss. To pursue common law compensation from the TAC, the injury must be a serious injury, and there must be an at-fault party who was negligent.

What “Fault” Actually Means

Fault (or negligence) means a failure to take reasonable care to avoid causing injury or loss to another person. Common examples include failing to give way at a stop sign, running a red light, or rear-ending another vehicle.

Sometimes more than one person, party, or organisation may have contributed to the accident. This is called “contributory negligence” or “partial negligence”. If this applies to your situation, it doesn’t necessarily mean you can’t claim, but your compensation may be reduced to reflect your share of responsibility.

What Happens at the Scene Makes a Difference

Knowing how to prove fault in a car crash often comes down to what’s captured in the immediate aftermath. The earlier you act, the stronger your position. Steps that genuinely count include:

• Calling police. A police report is the most common and most relied-upon way to establish who may be at fault. In Victoria, you must report any accident to police if there is injury, significant property damage, or if the other driver doesn’t stop.
• Taking photos. Photograph the scene from multiple angles, including vehicle positions, skid marks, damage, road signs, traffic signals, and any visible injuries.
• Getting witness details. Independent witnesses carry real weight. Even a single bystander’s account can shift the finding.
• Recording dashcam footage. If your vehicle has a dashcam, preserve that footage immediately. It can be the clearest evidence of all.
• Seeking medical attention promptly. Medical records from shortly after the accident establish when and how your injuries occurred. Delays can be used to minimise your claim.

How to Prove Innocence in a Car Crash

Knowing how to prove innocence in a car accident (particularly when the other party disputes what happened) requires a body of evidence, not just your word against theirs. Sometimes it is not immediately clear who was at fault. When this happens, an investigation into the accident circumstances may help identify who was at fault.

That investigation may draw on police reports, CCTV footage, expert accident reconstruction, witness statements, vehicle data, and road conditions at the time. The TAC itself can investigate circumstances, and if a common law claim proceeds, both sides will be expected to produce evidence.

If you’re trying to prove innocence in a car crash, legal representation makes a real difference.

How Fault Affects Your Compensation

If it is proven that the claimant is partially at fault for the accident, the damages awarded may be adjusted to reflect the extent of the claimant’s contributory negligence. This means that even if you bear some responsibility, you may still be entitled to a portion of common law compensation.

Common law compensation aims to recognise the impact the accident has had on your life. It can cover pain and suffering, loss of quality of life, and financial losses, including lost income and future earning capacity.

How The Right Lawyer Can Help

Proving fault in a car accident claim in Victoria is rarely straightforward. It takes thorough investigation, careful evidence management, and a lawyer who won’t let anything slip through the cracks.

At Henry Carus and Associates , we’ve spent decades fighting for people injured in all kinds of TAC accidents across Melbourne and Victoria, including motorcycle accidents, truck accidents, and bike accidents. Our job is to build the strongest possible case on your behalf, preserve the evidence that matters, and make sure the TAC and any other parties are held to account.

If you’ve been injured and aren’t sure who’s at fault, reach out to our team for a free, obligation-free consultation.

This article is intended as general legal information only. It does not constitute legal advice. Please contact Henry Carus and Associates directly for advice specific to your circumstances.

The post How Fault Is Determined in Car Accident Claims appeared first on Henry Carus + Associates.

Here’s what you need to know.

Key Takeaways

• Claims involving a motor vehicle fall under the TAC (Transport Accident Commission) scheme; claims without a motor vehicle are handled under the Wrongs Act 1958
• TAC has 21 days to accept or reject your claim once lodged
• Time limits for lodging a claim are strict: 12 months for TAC claims, 3 years for most other personal injury claims
• Straightforward claims can be resolved in around 10 months; complex matters involving serious injury may take several years
• Getting legal advice early protects your rights and can significantly affect your outcome

What Type of Claim Do You Have?

The first thing that shapes your timeline is the type of accident you were involved in.

If a motor vehicle (a car, truck, motorcycle, bus, tram, or train) was involved in your accident, your claim will likely fall under Victoria’s TAC (Transport Accident Commission) scheme. The TAC is a no-fault insurer, which means you don’t have to prove another driver was responsible to access benefits.

If no motor vehicle was involved (for example, your accident was caused by a hazardous road surface, a council footpath in disrepair, a collision with another cyclist, or a faulty component on your bike), your claim is likely a personal injury matter under the Wrongs Act 1958.

The path and timeframe differ depending on which category applies to you.

How Long Do You Have to Make a Claim?

Before you work out how long a claim takes, you need to know how long you have to lodge one. These limits are strict, and missing them can cost you your entitlements.

TAC claims: 12 months

You have 12 months to lodge a claim from the date of your accident, or the date an injury from your accident first becomes evident. The TAC may also consider a claim made outside of this time limit if it is made within three years of the date of the injury or the date when the injury first manifests, and reasonable grounds exist for the delay in making a claim.

These are hard limits. There are no general extensions available under other legislation, unlike most other personal injury claims in Victoria.

Personal injury claims: 3 years

For bike accidents not involving a motor vehicle, the limitation period is 3 years from the date on which the cause of action is discoverable by the plaintiff under section 27D of the Limitation of Actions Act 1958. This applies to claims such as public liability (e.g., an unsafe council footpath), collisions with pedestrians or e-scooter riders, and defective product claims.

If you’re unsure which time limit applies to your situation, speak to a lawyer as soon as possible.

How Long Do TAC Bike Accident Claims Take?

Cyclists are among the most vulnerable road users in Victoria. In the last five years, 55 bicycle riders have been killed on Victorian roads. For those who survive serious accidents, the injuries are often significant, and that added complexity is one of the main reasons claims can take time.

Here’s a general picture of how a TAC claim unfolds:

Step 1: Lodging your claim

Once you’ve lodged a claim, the TAC has 21 days to make a decision to accept or reject a claim or to request further information. In most cases, the person being asked for information must respond to the TAC within 28 days.

If your claim is accepted, you’ll be entitled to no-fault benefits including payment of medical and related expenses, income support, and rehabilitation services.

Step 2: No-fault benefits

Most TAC claimants receive benefits relatively quickly after their claim is accepted. This phase is focused on your recovery.

Step 3: Serious injury determination (if applicable)

If your injuries are severe and another party was at fault, you may also be entitled to make a common law claim for additional compensation, which can cover pain and suffering and economic losses beyond the no-fault benefits. But to do that, your injuries must meet the legal threshold of “serious injury” under the Transport Accident Act 1986.

The TAC will assess this. If they don’t accept that you’ve suffered a serious injury, the matter can be taken before a County Court judge for determination. This process takes time.

Step 4: Informal settlement conference

If your serious injury is accepted, a settlement conference is usually scheduled. Many TAC matters resolve at this stage without going to court. Depending on how complex your case is and how long it takes your injuries to stabilise, this stage can range from several months to a few years after the accident.

A straightforward TAC bike accident claim can be resolved in as little as 10 months. Where there’s serious injury, a liability dispute or ongoing treatment, a claim can take 2 years or more.

How Long Do Personal Injury Bike Accident Claims Take?

When a motor vehicle isn’t involved, your claim is handled under the Wrongs Act 1958. You’ll need to show that someone else’s negligence caused your injuries.

These claims are typically negotiated with the at-fault party’s insurer. Public liability insurers, for instance, cover injuries sustained in public spaces due to a council or property owner’s failure to maintain a safe environment.

Negotiations take time. Insurers often dispute liability or challenge the value of a claim. It’s not unusual for this type of matter to take more than a year to resolve, particularly if your injuries are serious or if there’s a genuine dispute about who was responsible.

If your claim can’t be settled through negotiation, court proceedings may be necessary, and that needs to happen before the 3-year limitation period expires.

What Factors Affect How Long Your Claim Takes?

No two bike accident claims are identical. Several factors can extend the time it takes to finalise a claim:

• Severity and complexity of your injuries. More serious injuries take longer to stabilise medically, and until your condition reaches a point of stability, it’s often too early to accurately assess the full value of your claim
• Disputes about liability. If the other party contests responsibility for the accident, this must be resolved before compensation can be agreed
• Disputes about serious injury. For TAC claims, the serious injury determination can itself become a contested process
• Gathering medical evidence. Specialist reports, hospital records, and documentation from treating practitioners all take time to obtain and assess
• The insurer’s position. Some insurers engage constructively; others are slower to move

Why Getting Early Legal Advice Helps

The time limits described above are unforgiving. A missed deadline can extinguish an otherwise strong claim entirely. And the earlier you get advice, the more options you have.

Our bicycle accident lawyers at Henry Carus + Associates have handled bike accident claims across Melbourne and Victoria for many years. We understand the TAC system in depth. We know the legislation and how the TAC operates in practice, and where claims tend to stall.

Our compensation lawyers can assess your situation and tell you clearly which type of claim applies and what you’re likely entitled to, so you can protect your rights from the start. And because we work on a no-win, no-fee basis, there are no upfront costs.

If you’ve been injured in a bike accident in Victoria, call us today on 03 9001 1318 for a free, no-obligation consultation.

This article is general information only and does not constitute legal advice. Limitation periods and claim processes depend on individual circumstances. Contact a lawyer promptly to understand your specific entitlements.

The post How Long Will My Bike Accident Claim Take? appeared first on Henry Carus + Associates.

This year has actually been safer than most on Victorian roads. 163 lives had been lost by 1 September 2026, down 17.3% on the same time in 2025. But for every fatality, there are hundreds of car accidents across Australia that leave people shaken, injured and unsure what to do next. Here’s exactly what to do immediately after a car accident, from the first phone call through to lodging your claim.

Quick Answer

• Stop the car, switch on your hazards, and check everyone for injuries. Call 000 if anyone’s hurt or the road is blocked.
• Exchange names, contact details, licence numbers, registration and insurance details with everyone involved, plus any witnesses.
• Photograph the scene (vehicle positions, damage, skid marks, road conditions) before anything is moved or cleared away.
• Report the accident to police if anyone’s injured or the other vehicle’s owner isn’t present, as Victorian law requires.
• See a doctor even if you feel fine. Some injuries don’t show symptoms for days.
• Lodge a TAC claim within 12 months, and keep your account of what happened short, factual and consistent from the outset.

Stop the Car and Check For Injuries

Under section 61 of the Road Safety Act 1986 (Vic), a driver involved in an accident must stop immediately and render whatever assistance they can (AustLII, s61). This isn’t optional. Failing to stop is a serious offence, regardless of how minor the collision seems.

If it’s safe to do so, move vehicles clear of traffic and turn on your hazard lights. Check yourself and everyone else involved for injuries, and call triple zero (000) straight away if anyone is hurt or the road is blocked.

Adrenaline can mask pain in the first few minutes, so don’t assume you’re uninjured just because nothing hurts yet.

Exchange Details With Everyone Involved

Victorian law requires drivers to provide their name, address, and the name, address, and registration details of the vehicle’s owner to anyone who was injured or whose property was damaged (AustLII, s61). It’s worth collecting a bit more than the legal minimum:

• Full names, phone numbers and addresses of every driver
• Driver’s licence numbers and vehicle registration plates
• Insurance company names and policy numbers
• Contact details for any independent witnesses

Witnesses are often the first people to leave the scene, so grab their details early rather than hoping you’ll track them down later.

Document the Scene Before it Changes

Once everyone’s safety is sorted, use your phone to photograph the accident scene from multiple angles. Capture the final position of both vehicles, the damage, any skid marks or debris, road signage and traffic signals, and the general road and weather conditions.

Jot down the date, time and exact location while it’s fresh in your mind. A nearby landmark, cross-street or kilometre marker can help later if the location becomes relevant to your claim. These small details are easy to forget within a few weeks, but can matter enormously if fault is ever disputed.

Report the Accident to Police

If anyone is injured or the owner of a damaged vehicle isn’t present at the scene, you’re required to report the accident to Victoria Police as soon as possible. This usually means attending or contacting your nearest police station.

Ask for a police report or event number. It becomes an important piece of evidence for your insurer and, in Victoria, for your TAC claim. If police attend the scene, get the attending officer’s name and station.

Get Checked By a Doctor, Even If You Feel Fine

Whiplash, concussion and soft tissue injuries frequently don’t announce themselves straight away. Some take hours or days to develop noticeable symptoms. See a GP or hospital as soon as you reasonably can, even for a collision that felt minor.

A medical record created close to the date of the accident does two things: It gets you appropriate treatment early, and it creates a clear, contemporaneous link between the crash and your injuries; something that becomes far harder to establish months down the track.

Lodge a TAC Claim Within 12 Months

Victoria’s Transport Accident Commission (TAC) runs a no-fault scheme, meaning you can access statutory benefits such as medical treatment, income support and rehabilitation regardless of who caused the accident. You have 12 months from the date of the accident, or from when an injury first becomes evident, to lodge a claim.

You can lodge online, by phone on 1300 654 329, or through a hospital patient liaison officer if you’ve been admitted. Missing this window can put a straightforward claim at real risk, so don’t leave it until you’re feeling better. Lodge early and update the TAC as your recovery progresses.

Why What You Say Matters

When you first lodge your claim, the TAC is acting as a government agency helping you access no-fault benefits. It’s on your side, processing your treatment and support entitlements.

Later, if your case moves towards a common law claim for pain and suffering or lost earnings, the TAC’s role can shift. At that stage, it effectively steps into the shoes of a commercial insurer, defending the interests of the party you say was responsible. Everything you’ve said or written along the way can be used in that defence.

That’s exactly why it pays to keep your account of the accident short, factual and consistent from the very first thing you say at the scene through to your claim form and any statements afterwards. Long, elaborate explanations tend to create small inconsistencies between versions, and those inconsistencies can later be used to question your credibility or reduce what you’re entitled to. Stick to what you know happened, leave out speculation about who was at fault, and say the same thing every time you’re asked.

If your claim later proceeds to common law, the numbers involved can be significant. As at 1 July 2026, the maximum pain and suffering payout under Victoria’s scheme is $701,620, and the maximum for loss of earning capacity is $1,578,760. Getting your account straight from day one protects your access to that level of compensation.

When to Call a Compensation Lawyer

Most people don’t need a lawyer for a minor bingle with no injuries. But it’s worth getting advice early if:

• You’ve been hospitalised or need ongoing treatment
• You’ve missed work, or expect to
• The other driver disputes what happened, or wasn’t insured
• The TAC rejects, delays or limits your claim
• You’re unsure what you’re entitled to

Reputable compensation lawyers in Victoria act on a No Win No Fee basis, so there’s no upfront financial risk in finding out where you stand.

How Henry Carus + Associates can help

Dealing with the aftermath of a car accident is stressful enough without trying to work out claim deadlines, TAC paperwork and what you’re entitled to on your own. Our team has guided thousands of Victorians through the TAC process for years, from straightforward statutory claims to complex, disputed common-law cases.

We act on a No Win No Fee basis, so there’s no financial risk in finding out where you stand. If you’ve been injured in a road accident anywhere in Melbourne or wider Victoria, speak with our TAC accident lawyers today for an obligation-free assessment, or read more about how our personal injury lawyers can help with your claim.

The post What to Do Immediately After a Car Accident in Australia appeared first on Henry Carus + Associates.

The Transport Accident Commission (TAC) may pay for reasonable and necessary medical treatment and support services that are related to injuries sustained in a transport accident.

Depending on your circumstances, TAC may fund services such as:

• GP appointments
• Hospital treatment
• Physiotherapy
• Psychology and counselling
• Specialist consultations
• Surgery
• Medication
• Diagnostic imaging (X-rays, CT scans and MRIs)
• Rehabilitation programs
• Home help and attendant care services

The treatment must generally be considered reasonable, necessary and connected to injuries arising from the transport accident.

Key Takeaways

• TAC may fund reasonable and necessary treatment related to your accident injuries.
• You do not need to prove another driver was at fault to access many TAC benefits.
• Some injured Victorians receive support for many years and, in certain circumstances, for life.
• Home help, personal care and attendant care may be available where injuries affect your independence.
• TAC sometimes refuses treatment requests, but these decisions can often be reviewed.
• Our Medical + Like Services Guarantee may assist eligible clients if TAC refuses or stops treatment funding.

What Medical Expenses Does TAC Cover?

Following a transport accident, TAC may pay for a wide range of medical and rehabilitation services designed to support your recovery. These may include:

Medical Treatment

• General practitioner appointments
• Specialist consultations
• Hospital treatment
• Surgical procedures
• Emergency treatment

Allied Health Services

• Physiotherapy
• Exercise physiology
• Occupational therapy
• Chiropractic treatment
• Osteopathy
• Speech pathology

Mental Health Support

Many people experience psychological injuries following a transport accident. TAC may fund:

• Psychology appointments
• Psychiatric treatment
• Counselling services
• Trauma-focused therapy

Diagnostic Tests

TAC may pay for investigations that assist in diagnosing and managing accident-related injuries, including:

• X-rays
• CT scans
• MRI scans
• Ultrasounds

Does TAC Cover Physiotherapy?

Yes, TAC commonly funds physiotherapy where it is considered reasonable and necessary for recovery from transport accident injuries.

Physiotherapy can assist with:

• Whiplash injuries
• Neck and back pain
• Fractures
• Soft tissue injuries
• Post-surgical rehabilitation

The number of sessions approved may vary depending on your individual circumstances and clinical needs.

Does TAC Cover Psychology and Mental Health Treatment?

Yes. Transport accidents can cause more than physical injuries. Many people experience:

• Anxiety
• Depression
• Post-traumatic stress
• Sleep disturbances
• Driving-related fears

Where appropriate, TAC may fund psychological treatment to assist with recovery and return to normal daily activities.

Does TAC Cover Surgery?

TAC may pay for surgery where the procedure is considered reasonable, necessary and related to injuries sustained in the transport accident. Approval requirements may vary depending on the type of procedure and medical evidence supporting the treatment.

Does TAC Cover Home Help and Attendant Care?

In some circumstances, yes. If your injuries significantly affect your ability to care for yourself or maintain your home, TAC may fund support services such as:

• Personal care assistance
• Domestic assistance
• Home cleaning
• Meal preparation
• Gardening
• Attendant care services

Eligibility depends on the nature and severity of your injuries and the impact those injuries have on your daily life.

How Long Will TAC Pay For Medical Treatment?

There is no simple answer. Some people require treatment for only a few weeks or months. Others may need ongoing support for many years.

In certain cases, TAC may continue funding treatment long-term where the treatment remains reasonable, necessary, and/or related to the transport accident injuries.

Every claim is assessed on its own circumstances.

What Happens If TAC Refuses Treatment?

One of the most common concerns we hear from injured Victorians is: “What happens if TAC says no?”

TAC may refuse funding where:

• Insufficient medical evidence has been provided
• The treatment is considered unrelated to the accident
• The treatment is not considered reasonable or necessary
• Required approvals were not obtained
• TAC’s medical advisors disagree with the treating practitioner

A refusal does not necessarily mean the decision is correct. In many cases, additional medical evidence or a review of the decision can result in a different outcome.

Can TAC Decisions Be Reviewed?

Yes. If TAC refuses to fund treatment or services, there may be options available to challenge the decision.

Depending on the circumstances, this may involve:

• Requesting an internal review
• Obtaining additional medical evidence
• Participating in dispute resolution processes
• Seeking legal advice regarding your options

Because strict time limits can apply, it is important to seek advice from expert TAC claims lawyers as early as possible.

Our Medical + Like Services Guarantee

At Henry Carus + Associates, we understand how stressful it can be when treatment is recommended by your doctors but funding is refused.

That is why we offer our Medical + Like Services Guarantee to all TAC clients, regardless of past representation.

If TAC refuses to pay for reasonable treatment or support services, our lawyers can get these benefits paid free of charge. We can also assist if you are a client of the TAC and your benefits have been suddenly reduced or terminated.

The Medical + Like Services Guarantee is available at NO COST TO YOU.

Our goal is simple: to help ensure you receive the treatment and support you need to maximise your recovery.

Need Help With Your TAC Claim?

Every TAC claim is different. Whether you are seeking approval for treatment, dealing with a funding refusal, or simply trying to understand your rights, our experienced TAC lawyers can help.

At Henry Carus + Associates, we provide a 5-Star Experience from a 5-Star Firm, guiding clients through every stage of the TAC claims process with personalised support, clear advice and expert representation.

Contact our team today for a confidential discussion about your situation.

The post Does TAC Cover Medical Expenses? Understanding TAC Medical and Like Services appeared first on Henry Carus + Associates.

Rule 81 of the Road Safety Road Rules 2017 (Vic) requires drivers to give way to any pedestrian on or entering a pedestrian crossing. That obligation isn’t optional – it’s a legal duty. And it doesn’t stop at zebra crossings. When turning at an intersection, drivers must also give way to pedestrians crossing the road they’re entering (Transport Victoria).

So if a driver failed to stop, was distracted by their phone or simply wasn’t paying attention, they’ve breached their duty of care. That breach is the foundation of both your TAC claim and any potential common law action.

Key Insights

• Under Victorian law, drivers must give way to anyone on or entering a pedestrian crossing. If a driver strikes you at a crossing, they’ve likely breached their duty of care.
• Victoria’s TAC is a no-fault scheme, meaning you can lodge a claim for medical treatment, rehabilitation and income support even if you were partly at fault.
• In 2024–25 alone, 583 pedestrians were hospitalised across Victoria after being hit by vehicles.
• If your injuries meet the serious injury threshold (30% or more whole person impairment), you may also be entitled to pursue a common law claim for additional compensation.
• Time limits apply to TAC claims. Speaking with experienced compensation lawyers early protects your rights.

How the TAC Can Help After a Pedestrian Accident

Victoria’s Transport Accident Commission (TAC) operates a no-fault insurance scheme. That means you’re entitled to support regardless of who caused the accident, even if you stepped onto the crossing without checking for traffic first.

The TAC can cover medical and hospital treatment, rehabilitation services such as physiotherapy and psychology, income replacement if you can’t work (after the first five days), travel costs for medical appointments, home and childcare services during your recovery, and modifications to your home or vehicle if you’re left with a permanent disability.

Every registered vehicle in Victoria contributes to this scheme through the TAC charge on registration, so these benefits exist specifically for situations like yours.

What Should You Do Straight After Being Hit?

The steps you take immediately after a pedestrian crossing accident can make a real difference to the strength of your claim.

1. Call 000 if you or anyone else needs urgent medical attention. Even if your injuries seem minor, see a doctor as soon as possible. Some injuries, particularly soft tissue damage and concussions, don’t present symptoms immediately. 
2. Ask someone to photograph the scene, including the crossing, the vehicle, any skid marks and your injuries. 
3. Get contact details from any witnesses. 
4. Report the accident to Victoria Police if they didn’t attend the scene.
5. Keep every medical receipt, report and referral from the very start.

It’s also worth knowing that your TAC claim should be lodged as soon as reasonably possible. While there are time limits, the sooner you lodge, the sooner your treatment and income support can begin.

When Can You Pursue a Common Law Claim?

A TAC statutory claim covers your immediate medical and support needs. But if your injuries are severe and another party was at fault, you may also be eligible to pursue a common law claim for additional compensation.

To qualify, your injury must be assessed at 30% or more whole person impairment, and you’ll need to demonstrate that the driver’s negligence directly caused your injuries. Common law damages can include compensation for pain and suffering, loss of future earning capacity, and ongoing care needs. These compensation amounts often exceed what statutory benefits alone provide.

It’s important to be aware that if a common law claim is finalised and compensation is paid, certain TAC statutory benefits may stop. That’s why getting legal advice before making any decisions about your claim pathway is so important. An experiencedTAC lawyer can assess your situation and explain which option (or combination) gives you the best outcome.

Pedestrian Accidents Are More Common Than You’d Think

The numbers are sobering. In 2025, 52 pedestrians lost their lives on Victorian roads. In the same year, 583 pedestrians were hospitalised after being struck by vehicles. And these figures only capture the most serious cases. Many more pedestrians sustain injuries that don’t require hospital admission but still affect their ability to work, care for their families and live without pain.

TAC data also shows that 33 of the 48 pedestrian fatalities in 2024 occurred in speed zones of 60 km/h or higher. The physics are brutally simple: a pedestrian hit at 50 km/h is twice as likely to die compared to being hit at 40 km/h. Crossings on busy, high-speed roads pose the greatest risk.

Talk to Someone Who’ll Fight for You

Being struck by a vehicle at a pedestrian crossing can leave you dealing with broken bones, head injuries, spinal damage, or chronic pain – alongside mounting medical bills and lost income. You shouldn’t have to fight the system alone while you’re trying to recover.

Our car accident lawyers and motorcycle accident lawyers have helped hundreds of Victorians navigate the TAC process and secure the compensation they’re entitled to on a no-win, no-fee basis.

If you or someone you care about has been injured at a pedestrian crossing, call our team on 03 9001 1318 for a free, obligation-free conversation about your options. We’ll take the time to listen, explain your rights, and make sure nothing gets missed.

This article provides general information only and does not constitute legal advice. Every personal injury case depends on its individual circumstances. If you’ve been injured, we recommend seeking independent legal advice as early as possible.

Contact Henry Carus + Associates for FREE today.

The post Struck by a Vehicle at a Pedestrian Crossing? appeared first on Henry Carus + Associates.

Behind every one of those percentages is a family. If you’ve lost someone, or you’ve been injured by a driver who’d been drinking, you deserve clear answers about what happened and what you’re entitled to claim.

Key Takeaways

• Around 20% of drivers killed in Victoria have an illegal BAC
• 12% of all fatal crashes in Australia in 2023 involved drink driving
• Victoria recorded 284 road deaths in 2024, 13% above the 10-year average 
• Victims can claim TAC benefits regardless of fault, plus common law damages if another driver caused the crash.
• Family members who lose a loved one may be entitled to funeral costs, dependency payments and compensation under the Wrongs Act 1958 (Vic).

How Common Are Drink Driving Crashes in Victoria?

The most reliable Victorian figure comes from the TAC: around one in five drivers killed on our roads have a BAC of 0.05 or higher. A Monash University analysis of nearly 20,000 injured drivers and almost 1,600 fatal cases between 2010 and 2019 found 14% of crashes overall involved a driver with a BAC at or above 0.05.

That’s the share where a test came back positive. The real figure is likely higher, because not every driver involved in a crash is tested, and alcohol often shows up alongside other factors like fatigue, speed or drugs.

What Percent of Fatal Crashes Nationally Involve Alcohol?

The National Road Safety Data Hub (drawing on Bureau of Infrastructure and Transport Research Economics (BITRE) data) shows drink driving was involved in 12% of fatal crashes in 2023, down from 14.5% in 2015. That’s progress, but drink driving is still a leading behavioural factor behind preventable road deaths.

Drug driving has overtaken it. The same dataset shows drug driving rose from 10.3% to 16.8% of fatal crashes over the same period. Many crashes now involve both.

Why Drink Driving Causes So Many Crashes

Alcohol affects the exact skills required for driving. According to the TAC:

• At 0.05 BAC, reaction times slow and concentration drops
• At 0.08 BAC, drivers are five times more likely to crash
• At 0.12 BAC, the risk climbs to ten times that of a sober driver

Even under the legal limit, judgment of distance, sensitivity to brake lights, and the ability to track moving objects all decline. There is no safe amount when you’re about to drive.

What Compensation Can You Claim After a Drink Driving Crash?

If you’ve been injured or have lost a family member in a crash caused by a drunk driver in Victoria, two streams of compensation may be open to you.

TAC Benefits (No-Fault)

The TAC covers anyone injured in a Victorian transport accident, regardless of who was at fault. Benefits can include:

• Medical treatment and rehabilitation
• Income support (loss of earnings payments)
• Travel and attendant care costs
• Impairment lump sums for lasting injuries

Common Law Damages (Fault-Based)

Where another driver caused the crash, you may also be entitled to common law damages on top of your TAC benefits. To do this, you usually need to show a “serious injury” as defined under Victorian legislation. Our TAC lawyers can explain whether your injuries are likely to meet that threshold.

Fatal Accident Claims

If a family member was killed, the TAC provides support, including funeral expense payments and dependency benefits for spouses, partners and children. Surviving family members may also bring a common law claim under the Wrongs Act 1958 (Vic) for loss of dependency and, in some cases, compensation for psychiatric injury caused by the loss.

How Henry Carus + Associates Can Help

We’ve spent decades standing beside Victorians hurt by other people’s choices. Whether you were the driver, a passenger, a pedestrian or on a motorcycle, our car accident lawyers and motorcycle accident lawyers will walk you through the TAC process, protect your common law rights, and fight for every entitlement you’re owed. We act on a No Win – No Fee basis, so there’s no financial risk in finding out where you stand.

Call 03 9001 1318 for a free, confidential consultation, or learn more about our team of experienced compensation lawyers. 

This article provides general information only and is not legal advice. For advice about your specific situation, please contact our team.

Contact Henry Carus + Associates for FREE today.

The post What Percent of Accidents Are Caused by Drink Driving? appeared first on Henry Carus + Associates.

The short answer is yes, but the reality isn’t quite that simple. While you can technically lodge a TAC claim without a police report, having one makes the entire process smoother and strengthens your case considerably. Here’s what you need to know about making a claim when there’s no police documentation of your accident.

Key Insights

• You can lodge a TAC claim without a police report, but it may complicate the process
• Public transport accidents don’t require police reports, only an incident report from the operator
• Road accidents typically need a police event number, though alternatives exist
• You can obtain a police report after the fact by applying through Victoria Police
• Alternative evidence (photos, witness details, medical records) becomes critical when there’s no police report
• Legal help can significantly improve your chances if documentation is incomplete

The Short Answer: Yes, But It’s More Complicated

You can submit a TAC claim without a police report, but you’ll face extra scrutiny during the assessment process. The TAC’s official requirements list a police report number as part of the information they ask for when you lodge a claim – but they also acknowledge that not every accident involves police attendance.

What matters most to the TAC is proving that your injuries resulted from a transport accident. Without a police report providing that third-party verification, you’ll need stronger alternative evidence to support your claim. This means more detailed documentation, more witnesses, and a clearer paper trail connecting your injuries to the accident.

When a Police Report is Actually Required

Here’s where it gets specific. Under Victoria’s Road Safety Act 1986, you’re legally required to report certain types of accidents to police. This applies when:

• Someone is injured or killed
• There’s significant property damage
• A driver leaves the scene
• One party doesn’t have insurance or a valid licence

For public transport accidents involving trams, trains, or buses, you don’t need a police report. Instead, you report the incident directly to the transport operator and obtain their incident report number. That’s sufficient for your TAC claim.

But for standard road accidents? The TAC expects you to report the accident to the police and provide either a police event number or the attending officer’s details. If you haven’t done this yet, it’s not too late.

What to Do If Police Didn’t Attend Your Accident

If police didn’t come to your accident scene, you’ve got two options:

Option 1: Apply for a traffic accident report retrospectively

Victoria Police allows you to report accidents after the fact. You can do this online through their reporting portal or by visiting your local police station. You’ll need to provide:

• Date, time, and location of the accident
• Details of all vehicles involved (registration numbers, make, model)
• Contact information for other drivers and witnesses
• A description of what happened
• Photos of damage (if you took any)

This generates an official police event number you can use for your TAC claim.

Option 2: Lodge your claim with alternative evidence

If obtaining a police report isn’t possible, you can still proceed with your claim. You’ll need to provide comprehensive alternative documentation, which we’ll cover in the next section.

Alternative Evidence You Can Provide for Your TAC Claim

When you’re making a TAC claim without a police report, the burden of proof shifts entirely to you. The TAC needs to verify that your accident happened and that your injuries are genuine. Strengthen your claim with:

Detailed Accident Records 

Write down everything you remember about the accident while it’s fresh. Include the exact location, time, weather conditions, and a step-by-step description of what happened. The more specific, the better.

Photos and Videos

If you took photos of damage or conditions at the scene, these become invaluable. Even photos taken days later showing your injuries or ongoing vehicle damage can help.

Witness Statements

Anyone who witnessed the accident should provide written statements. Get their full names, contact details, and a description of what they observed. Independent witnesses carry significant weight.

Medical Documentation

This is non-negotiable. You need written evidence from your doctor, hospital discharge summaries, or a Certificate of Capacity detailing your injuries. The TAC requires this regardless of whether you have a police report.

Other Driver’s Details

If you exchanged information with the other driver, keep records of their name, licence number, registration, insurance details, and contact information. If they admitted fault or made statements at the scene, document these.

Dashcam Footage

If your vehicle or nearby vehicles had dashcams running, this footage can effectively replace a police report by showing exactly what happened.

Why a Police Report Strengthens Your TAC Claim

A police report provides independent, third-party verification of your accident. It removes the “he said, she said” element that can complicate claims. Police reports typically include:

• An objective account of the accident circumstances
• Details of all parties involved
• Weather and road conditions
• Any traffic offences observed
• Preliminary assessments of fault
• Location diagrams

This documentation fast-tracks the TAC’s decision-making process. Claims with police reports are generally accepted faster and with fewer questions. Without one, you can expect the TAC to request additional information, conduct more thorough investigations, and potentially take longer to make a decision.

The TAC isn’t trying to make things difficult – they’re managing public funds and need to prevent fraudulent claims. A police report gives them confidence that your claim is legitimate.

Get Expert Help with Your TAC Claim

Navigating a TAC claim without a police report can be challenging, particularly when you’re recovering from injuries and dealing with medical appointments. The TAC may request additional evidence, question details of your accident, or reject certain aspects of your claim.

This is where experienced TAC claim lawyers make a real difference. At Henry Carus + Associates, we’ve helped hundreds of Victorians secure the compensation they deserve, even when documentation is incomplete. We know exactly what evidence the TAC needs, how to present it effectively, and how to handle objections or rejections.

Your injuries deserve proper treatment and support. Whether you have a police report or not, you have options. For more guidance on the TAC claims process, read our guide to making a TAC claim or learn about lodging a TAC claim after a small accident. Understanding the reasons TAC rejects claims and theTAC claim time limits can also help you avoid common pitfalls.

The post Can You Do a TAC Claim Without a Police Report? appeared first on Henry Carus + Associates.

If you’ve been hurt on Victorian roads, understanding what the TAC is and how it works could be the difference between struggling financially during recovery and getting the support you need.

Key Insights

• What is the Traffic Accident Commission: The TAC (Transport Accident Commission) is Victoria’s government-owned insurance scheme for transport accident victims
• It’s a no-fault scheme – you’re covered even if you caused the accident
• Covers medical expenses, rehabilitation, income support, and more
• Funded through vehicle registration fees that all Victorian drivers pay
• You must report accidents and lodge claims within specific timeframes to access benefits

What is the TAC?

The Transport Accident Commission is Victoria’s statutory insurer for people injured in transport accidents. Established under the Transport Accident Act 1986, the TAC began operating on 1 January 1987 to ensure Victorians injured on our roads can access treatment and financial support during recovery.

When you register your vehicle in Victoria, part of the cost goes to the TAC. This means every Victorian driver contributes to a fund that protects everyone on our roads if they’re injured in a transport accident.

What makes understanding what the TAC is so important? Its no-fault nature. Unlike traditional insurance, where proving who caused the accident matters, TAC supports you regardless of fault. Whether you caused the crash, another driver did, or no one was at fault, you can still access TAC benefits if you meet the eligibility criteria.

How Does TAC Work in Victoria?

Understanding how the TAC works in Victoria starts with knowing it’s a compulsory insurance scheme. Every time a Victorian motorist registers their vehicle, they pay a TAC charge. This funding pool then supports anyone injured in a transport accident in Victoria.

When you’re injured in a transport accident, TAC pays for your immediate medical treatment, from ambulance costs to hospital care, GP visits to specialist appointments. You don’t need to wait for your claim to be approved to start treatment. Most hospitals and health providers bill TAC directly.

TAC operates on a “reasonable and necessary” basis. This means they’ll cover treatment that’s appropriate for your injuries and helps you recover. They also provide ongoing support – if your injuries mean you can’t return to work, TAC offers income support for up to 18 months, and potentially longer if you have serious ongoing incapacity.

What Does the TAC Cover?

The TAC covers a comprehensive range of costs associated with transport accident injuries:

Medical and Treatment Costs

TAC pays for ambulance transport, hospital treatment, GP and specialist appointments, physiotherapy, occupational therapy, psychology services, and prescribed medications related to your injuries. If you need medical equipment like crutches, wheelchairs, or mobility aids, TAC covers these too.

Income Support

If your injuries prevent you from working for more than five days, you’re eligible for income support payments. For the first 18 months, TAC pays a percentage of your pre-accident earnings. If you’re still unable to work after 18 months due to serious injuries, you may receive loss-of-earning-capacity payments.

Rehabilitation and Support Services

TAC funds return-to-work programs, vocational retraining if you can’t return to your previous job, and attendant care if your injuries require daily assistance. They’ll also cover home or vehicle modifications if your injuries create permanent mobility challenges.

Impairment Benefits

If your injuries result in permanent impairment, you may be eligible for a lump sum payment. This recognises the long-term impact serious injuries have on your life.

Common Law Damages

For serious injuries, you may also have the right to pursue common law damages through the TAC. This is separate from no-fault benefits and requires proving the accident wasn’t your fault. TAC lawyers can help determine if you’re eligible for common law compensation.

Who Can Make a TAC Claim?

You can make a TAC claim if you were injured in a transport accident in Victoria, regardless of your role in the accident. This includes:

• Drivers of cars, motorcycles, trucks, or other motor vehicles
• Passengers in any vehicle
• Pedestrians hit by vehicles
• Cyclists involved in collisions with motor vehicles
• People injured getting on or off public transport (trams, trains, buses)

You’re also covered if you’re a Victorian resident injured in an interstate accident involving a Victorian-registered vehicle, or if you were a passenger or driver in a Victorian-registered vehicle involved in an accident outside Victoria.

There are some situations where TAC benefits may be limited or denied. If you were charged with drinking and driving or other criminal offences at the time of the accident, your eligibility for certain benefits may be affected. However, this doesn’t automatically disqualify you from all support – it depends on the specific circumstances.

Making Your TAC Claim

You should lodge your TAC claim as soon as possible after your accident, ideally within 12 months. Here’s what you need to do:

Step 1: Get Medical Treatment 

Your health comes first. Seek immediate medical attention and keep all records of treatment, including receipts and medical certificates.

Step 2: Report the Accident

If police attended the scene, get the police report number. If not, you’ll need to provide details of the accident when you claim.

Step 3: Lodge Your Claim 

You can lodge online through the TAC website, call 1300 654 329, or ask your hospital to lodge on your behalf. You’ll need accident details, your personal information, and medical documentation.

Step 4: Complete the Authority Form

TAC requires an Authority to Release Information form. This allows them to access medical records and other information needed to assess your claim. Without this form, TAC can’t process your claim.

Step 5: Cooperate with Assessments

TAC may require independent medical examinations to assess your injuries and determine appropriate treatment and support.

The TAC must generally make a decision on your claim within 21 days of receiving all required information. If they request additional information, they have 14 days from receiving it to decide. If you’re struggling with making a compensation claim from the TAC, understanding the TAC terms you need to know can make the process less overwhelming.

Why Legal Help Matters for TAC Claims

Why do you need a lawyer for your TAC claim? Well, while TAC is designed to be accessible, having experienced TAC lawyers on your side can make a significant difference to your claim outcome. This is particularly true if your injuries are serious, if TAC disputes liability, or if you’re unsure about your entitlements. 

Choosing the right TAC lawyer means finding someone with specific experience in transport accident law, someone who understands the medical evidence needed, and someone who’ll fight for your best outcome.

Our team at Henry Carus + Associates has extensive experience representing victims of transport accidents across Victoria. We know what it takes to secure fair compensation and can handle your claim while you focus on recovery. Contact us today for a complimentary consultation – we’ll evaluate your case, outline your options, and advocate for the support you deserve.

The post What is the TAC and How Does the TAC Work in Australia? appeared first on Henry Carus + Associates.

With 253 lives lost on Victorian roads so far in 2025 and thousands more injured, understanding what to do after a car accident in Victoria isn’t just helpful, it’s essential.

Key Insights

• Stop immediately and check for injuries — never leave the scene
• Call 000 if anyone’s injured, vehicles are blocking traffic, or a driver refuses to exchange details
• Exchange details with other drivers: names, addresses, registration numbers, and insurance information
• Take photos of all damage, the accident scene, and get witness contact details
• Report to police within 24 hours if someone’s injured and police didn’t attend
• Lodge a TAC claim within 12 months for injury compensation (even for minor injuries that worsen)
• Seek legal advice early — injuries from minor accidents can develop into serious claims

What’s the Difference Between Minor and Major Car Accidents?

Before we cover what to do after a car accident in Victoria, it’s important to understand the distinction.

A minor car accident typically involves low-speed collisions with minimal vehicle damage. You might have some soft tissue discomfort, neck pain, or headaches, but you can usually drive away. These often happen in car parks, at roundabouts, or in stop-start traffic.

A major car accident typically involves higher speeds, significant vehicle damage, or serious injuries that require immediate medical attention. Multiple vehicles might be involved, and cars may be undriveable.

Here’s what matters: even minor accidents can cause injuries that may not become apparent for days or weeks. Whiplash, concussion, and soft tissue injuries often worsen over time. That’s why following the proper procedure matters for both types of accidents.

Minor Car Accident Procedure in Victoria: Step-by-Step

When you’re in a minor collision, your first instinct might be to just exchange numbers and leave. But if you skip crucial steps, you could jeopardise your right to compensation later.

1. Stop and Assess Safety

Pull over safely if you can. Turn on your hazard lights and check yourself and your passengers for injuries. Even if you feel fine, adrenaline can mask pain. Don’t rush.

Check your dashboard warning lights. If they’re on after you’ve turned off the engine, don’t drive. Look for fluid leaks under your car, flat tyres, or damage near your wheels.

2. Exchange Details — It’s Legally Required

Under Victorian law, you must exchange:

• Full name and address
• Vehicle registration number
• Vehicle owner’s name (if different from the driver)
• Insurance company and policy details
• Driver’s licence number

Take a photo of their licence and registration papers. Refusing to provide these details is a criminal offence in Victoria. If someone drives off without sharing information, note their registration and call the police immediately.

3. Document Everything

This is where many Victorians go wrong with the minor car accident procedure in Victoria. They skip proper documentation, then struggle to prove their claim later.

Take photos of:

• All vehicle damage from multiple angles
• The accident scene, including street signs and road markings
• Skid marks, debris, or relevant road conditions
• The other vehicle’s registration plate 

Obtain witness details if anyone witnessed the incident. Their independent account can be crucial if who’s at fault in a car accident becomes disputed.

4. When to Call Police

You’re not always required to call the police for a minor accident in Victoria, but you must report it if:

• Anyone is injured (call 000 first for an ambulance)
• A driver refuses to provide their details
• The other driver appears to be affected by drugs or alcohol
• There’s property damage and the owner isn’t present
• Your vehicle is blocking traffic and can’t be moved

Even if police don’t attend, you may need to report the accident to your local police station within 24 hours if someone’s injured and police weren’t called.

5. Notify Your Insurer

Contact your insurance company within 24-48 hours, even if you don’t plan to make a claim. If the other driver claims against you later, your insurer needs to know about the accident from you first.

6. See a Doctor — Even If You Feel Fine

This is critical. Many common injuries from car accidents, like whiplash, concussion, or nerve damage, don’t show symptoms immediately. You might feel stiff tomorrow or develop chronic pain weeks later.

Visiting a GP within 48 hours creates a medical record that links your injuries to the accident. Without this, insurers and the TAC may question whether your injuries were really caused by the collision.

Major Car Accident Procedure: What Changes

When an accident is more serious, the steps are similar but more urgent.

Call 000 immediately if:

• Anyone is injured or trapped
• Vehicles can’t be moved safely
• There are hazards like fuel leaks or fallen power lines
• Multiple vehicles are involved

Follow the same exchange of details and documentation steps, but wait for the police to arrive before moving vehicles if possible. Police will prepare an official report, which becomes crucial evidence for insurance and legal claims.

For serious injuries, you’ll need to start your transport accident claim with the TAC as soon as you’re medically stable.

Understanding TAC Claims in Victoria

Victoria operates a no-fault transport accident compensation scheme through the Transport Accident Commission (TAC). This means you can claim compensation for injuries sustained in a car accident on Victorian roads, regardless of who caused the accident.

TAC covers:

• Medical and hospital expenses
• Income support if you can’t work
• Rehabilitation and attendant care
• Travel to medical appointments
• Lump sum compensation for permanent impairment

You must lodge your TAC claim within 12 months of the accident. Missing this deadline can mean you lose your right to compensation entirely — even if your injuries are serious.

Why Legal Advice Matters for Minor Accidents

Here’s what many Victorians don’t realise: what starts as a minor car accident procedure in Victoria can quickly become a complex legal matter.

You might feel fine at the scene, accept liability to be polite, and drive home. But three weeks later, you’re seeing a physiotherapist twice a week for ongoing neck pain. You’ve missed work. Your GP has referred you for an MRI. Now you need compensation, but you’ve already admitted fault.

Our experienced car accident lawyers in Melbourne have seen this scenario hundreds of times. The proper steps you take in the first 24 hours often determine whether you receive full compensation months or years later.

We help accident victims:

• Understand their rights under Victorian law
• Navigate the TAC claims process from start to finish
• Gather the evidence needed to prove their claim
• Negotiate with insurers who try to minimise payouts
• Pursue lump sum compensation for permanent injuries

Most importantly, we make sure you don’t say or do anything at the accident scene that could hurt your claim later.

Taking The Next Steps

Following the correct minor car accident procedure in Victoria protects your health, your legal rights, and your future compensation. Even seemingly minor collisions can cause injuries that affect you for months or years.

Don’t wait until your injuries worsen to seek help. Contact Henry Carus + Associates to discuss your accident and understand your options. Our team provides expert guidance on maximising your car accident compensation and handles the legal complexity while you focus on recovery.

The post Major and Minor Car Accident Procedure in Victoria appeared first on Henry Carus + Associates.