If you’ve been injured in a vehicle accident, you may be entitled to compensation for medical expenses, lost income and other accident-related losses. This guide explains how vehicle accident claims work in Victoria, including who may be eligible to claim, the evidence you should collect, the compensation that may be available, and the steps involved in starting a claim.
While this guide provides a general overview, every accident is different. If you're unsure about your rights or whether you're eligible to claim, our team can provide advice specific to your circumstances.
It’s natural to feel overwhelmed after a vehicle accident. In the days and weeks that follow, you may have questions about your rights and whether you can claim compensation for your injuries, loss of income or damage resulting from the accident.
We’ve helped many people like you navigate the complexities of motor accident compensation. That’s why we’ve prepared this detailed guide answering some of the most common questions we hear, including:
Every vehicle accident claim is different. While this guide provides general information, speaking with an experienced lawyer can help you understand your options and the support available to you.
In most cases, people who have been involved in a motor vehicle crash can be left out of pocket for expenses like:
A vehicle accident claim is the name for the legal process where you claim compensation for your losses as well as injuries, which can be both physical and mental.
“Vehicle accidents” is a broad term that covers a wide range of motor vehicles, including:
“Sometimes, a vehicle does not fall into the category of a ‘vehicle accident’,” says Principal Lawyer, Rebecca Eagles.
“For example, if the accident involved a forklift or other industrial equipment, different legal factors apply. If you’re a worker, this could mean you’re entitled to workers’ compensation.”
"A good rule of thumb is to ask whether one or more of the vehicles involved in your accident is registered with your local road authority. If it is, it’s likely to be covered by motor vehicle accident claims,” says Rebecca Eagles.
Below are the most common types of accidents we help with:
No two accidents are the same, and every claim depends on its own circumstances. If you're unsure whether you can make a claim, or your situation is more complex, our team can provide free advice to help you understand your options. Get in touch with our team.
Any questions? Check out our FAQs.Most people involved in a crash can make a claim, not just the driver. This includes:
Certain conditions must be met before you’re eligible to make a vehicle accident claim. These include:
Some factors can also disqualify your claim, including:
Use our free claim check tool now
Step 1: Immediately after the accident
Your safety and those of other drivers, passengers and witnesses are the most important things immediately after a crash.
Make sure everyone is safe, and if you need to, call 000 for help from an ambulance and the police.
Step 2: Collect essential information
After everyone is safe, you can start to collect information that will be essential to your claim. This includes:
The below evidence isn’t always available, but it can significantly help your claim:
Step 3: Formally start your claim
Here’s a step-by-step guide to starting the claim process:
Collect all your essential documents, including the police report or police reference number, medical records, witness statements, and any photographic or video evidence.
Get advice from one of our lawyers, who can check you have all the required information. They can also help navigate the legal process.
Submit the claim with your property damage insurer, the Transport Accident Commission (TAC), as well as your local authority, such as VicRoads in Victoria. This can often be done online through state-specific portals.
The compensation you can claim for a motor vehicle accident includes a wide range of things, such as:
You should seek legal advice if you have out-of-pocket expenses or the insurer does not repay the full amount.
There are different factors to think about when calculating how much compensation you can claim after a crash.
Some things can be easily calculated from receipts and invoices, while others – like pain and suffering – need more consideration.
When it comes to working out how much compensation you’re entitled to after an accident, each of the factors below is carefully considered and balanced to make sure you receive a fair sum.
Our lawyers can help make sure all relevant factors are considered as part of your application.
If you’ve experienced mental injuries after an accident, such as anxiety, depression, or post-traumatic stress disorder, you can still make a compensation claim.
Psychological trauma is a recognised form of injury, and you can claim expenses related to your treatment, as well as loss of income if this has affected your ability to work.
In Victoria, you should generally lodge a TAC claim within 12 months of the transport accident or the date your injury first became evident.
The TAC has discretion to consider some claims made within three years of the accident. Different rules may apply for minors and exceptional circumstances.
Time limits vary significantly between Australian states and territories, so interstate claimants should obtain advice about the scheme that applies to them.
If you’ve been involved in a motor vehicle accident, you can see if you’re eligible to make a claim by using our free online claim check.
You can also contact us for a free consultation, where our lawyers will talk to you about your accident and share advice about your eligibility and the compensation you could receive.
If the other driver was uninsured, you might still be able to claim compensation through your own insurance policy, especially if you have uninsured motorist coverage. Some states also have schemes to cover accidents involving uninsured drivers. Our lawyers can help guide you in these circumstances.
Gathering evidence for your claim and completing the required paperwork can be tricky enough on your own, but there are other good reasons why having a lawyer on your side is important for helping you get the best results.
Without legal support, you could:
Our specialist road injury lawyers are experienced in a range of claims related to road accident injuries. If you've been hurt on the road, we can help you understand your options.
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Need to speak with us sooner? Please call us on 1800 111 222. We take calls from 8:30am - 7:00pm Monday to Friday.
We are here to help. Give us a call, request a call back or use our free claim check tool to get in touch with our friendly legal team. With local knowledge and a national network of experts, we have the experience you can count on.
We have lawyers who specialise in a range of legal claims who travel to Australian Capital Territory. If you need a lawyer in Canberra or elsewhere in Australian Capital Territory, please call us on 1800 675 346.
We have lawyers who specialise in a range of legal claims who travel to Tasmania. If you need a lawyer in Hobart, Launceston or elsewhere in Tasmania, please call us on 1800 675 346.
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