Can I claim TAC benefits if I am at fault?


In a word, yes. The TAC provides no fault compensation benefits. If you cause the accident, and even if you receive a fine for a particular offence, you may still lodge a TAC claim. For example, if you cause a crash by failing to give way, and get injured yet fined, a TAC claim can still be lodged. You may also have the opportunity to sue in negligence if you meet the relevant legal test and prove some level of fault on the other driver, such as speeding.

For more serious offences, there can be reduction of what you can claim from the TAC.

If you are found guilty of culpable driving, then you may only be able to claim for your medical expenses, no matter how serious your injuries are.

If you have drugs or alcohol in your system, then there can be restrictions and exclusions about what can be claimed depending upon the concentration in your system. For instance,  you may only be to claim one third of your loss of earnings.

There are multiple sections in the legislations that may apply to your circumstances. If you have any concerns about whether you can claim or not, then please contact us on (03) 5444 4969 or info@frigeriolegal.com.au for expert Workcover and TAC advice, and if necessary, a first free consultation and potential no win no fee terms of engagement.


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