What to do if your TAC claim was rejected

If you’re injured on the road in Victoria, you may be able to make a compensation claim through the Transport Accident Commission, or the TAC, for compensation. 

Having your TAC claim rejected can feel overwhelming, especially when you’re focused on recovery and relying on support. A rejected TAC claim means the Transport Accident Commission has decided you’re not eligible for compensation under the Transport Accident Act.

But importantly, this isn’t the end of the road. With the right support and information, many people successfully challenge a decision where a TAC claim failed the first time.

Find out more about the different compensation schemes that operate in other states.

Why the TAC may reject a claim

Understanding why your claim was rejected is the first step forward. TAC decisions often come down to a few main issues:

TAC claim eligibility issues

You may not meet the legal definition of a road accident, or you weren’t covered under the scheme.

Time limits for TAC claims

Claims are generally expected to be lodged within 12 months of the accident or injury. However, the TAC has discretion to accept a claim up to three years from the date of the transport accident in certain circumstances.

For children, the time limit is different — a claim can be lodged within three years of their 18th birthday. Missing standard timeframes can still result in rejection, so it’s important to get advice as early as possible.

Lack of supporting evidence

Insufficient medical evidence linking your injuries to the accident is a common reason claims fail.

Incomplete or inconsistent information
Missing or inconsistent details in your application can delay or derail your claim.

Your rejection letter should explain why your TAC claim was rejected. This detail is critical when planning your next steps.

What a TAC claim rejection can mean for you

When a TAC claim failed, the impact can be immediate:

• you won’t have access to paid medical treatment and rehabilitation
• weekly income payments may stop
• support services like home help or travel reimbursements may end

It’s a stressful position to be in, but it doesn’t mean your entitlements are gone for good. It simply means action is needed.

Your options if your TAC claim is rejected

A TAC claim rejected decision is not final. There are pathways to challenge it.

Lodging a TAC dispute application

If your TAC claim is rejected, the next step is usually to lodge a dispute application under the TAC’s No‑Fault Dispute Resolution Protocols.

This allows the decision to be formally challenged and allows you to provide further evidence, such as updated medical reports, witness statements, or additional details about the accident. Disputes must be lodged within strict time limits, so it’s important to act promptly.

If the dispute cannot be resolved, the matter may then progress to an appeal through VCAT.

Taking your TAC claim to VCAT

If the outcome doesn’t change, you can escalate your TAC claim appeal to the Victorian Civil and Administrative Tribunal (VCAT).

This is more formal and independent, and where having a TAC claim lawyer can be especially valuable.

Key TAC claim time limits

Strict deadlines apply at every stage of a TAC dispute:

• you usually have 12 months to lodge your original TAC claim, although the TAC has discretion to accept a claim up to three years from the date of the transport accident
• following a decision, you generally have 12 months to challenge it by lodging a dispute under the TAC No‑Fault Dispute Resolution Protocols or applying for review at VCAT

Missing a TAC claim time limit can significantly affect your rights, so it’s important to act quickly and get advice as soon as possible.

What to prepare before challenging a TAC decision

If your TAC claim failed, stronger preparation can improve your chances the second time around. Focus on gathering:

• medical evidence clearly linking your injuries to the accident
• accident reports, such as police and witness statements
• photos or video evidence of the scene or damage
• a clear timeline of symptoms, treatment, and impacts

Accuracy and consistency matter. Small gaps can weaken an otherwise strong case.

How a TAC claim lawyer can help

While some reviews are straightforward, many benefit from expert guidance. Consider speaking to a TAC claim lawyer if:

• your injuries are permanent or worsening
• you’ve lost income or can’t return to work
• the TAC disputes your TAC claim eligibility
• you feel overwhelmed or unsure about the process

At Maurice Blackburn, we focus on reducing the burden by handling the process so you can focus on recovery. Our No Win, No Fee approach means you won’t pay legal fees unless your claim succeeds.