Motor accident claim deadline in Victoria
In Victoria, motor accident injury claims are managed by the Transport Accident Commission (TAC). You should lodge a TAC claim as soon as possible after the accident — there is no strict statutory deadline for TAC no-fault benefits, but claims lodged more than 12 months after the accident face additional scrutiny. For common law damages (serious injury claims against at-fault drivers), the limitation period is six years from the date of the accident under the Limitation of Actions Act 1958 (VIC), subject to the serious injury threshold under section 93 of the Transport Accident Act 1986 (VIC).
TAC no-fault benefits
The TAC provides no-fault benefits (medical and like expenses, loss of earnings, impairment benefits) regardless of who was at fault. While there is no hard deadline, claims lodged more than 12 months after the accident require the TAC to be satisfied that the delay has not prejudiced its ability to assess the claim. In practice, lodge as soon as possible — delay complicates evidence gathering and reduces the TAC's willingness to accept.
Common law serious injury claims
To claim common law damages against an at-fault driver, the injured person must satisfy the "serious injury" threshold under section 93 of the Transport Accident Act 1986 (VIC) — either by TAC assessment or by court determination. The limitation period is six years from the accident date, but the serious injury application should be made well before that deadline to allow time for the process.
How I help Victorian personal injury lawyers
I track TAC claim deadlines, the serious injury application timeline, and the six-year limitation period across your caseload. I also summarise medical evidence for serious injury threshold assessments and draft impairment benefit claims, saving time on the documentary preparation for each TAC matter.
Common issues
- The TAC no-fault system is unique to Victoria — other states use CTP insurer-based systems
- The serious injury threshold is a significant hurdle — not all injuries qualify for common law damages
- Children and persons under a disability may have extended limitation periods — check the Limitation of Actions Act 1958
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