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VIC Changes to Vic Transport Accident Act

Discussion in 'Politics, Laws, Government & Insurance' started by b12mick, Mar 3, 2015.

  1. I read elsewhere that there are going to be possible changes to TAC if you crash at a track day/ride day you will no longer be covered.

    It apparently is the result of the TAC being directed to award common law damages to a claimant who crashed at a PI ride day. The crash occurred in 2008 but due to the processes involved only just had a decision. The jury found in favour of the claimant for about $1.8 million and the TAC has to also pay his legal costs (on top of their own).

    Maybe worth robsalvvrobsalvv looking in to it.

    Frankly this would bring Vic on to line with NSW.
  2. How the hell can crashing on a track day have anything to do with the TAC? Your on private land ffs. Best you would have thought was if PI was at fault, you could go them. Another reason regos so high?
  3. And yet Vic Rego's are cheaper than NSW rego's.
  4. The first thing that strikes me is that the original purpose of the Vic Transport Accident Act was to keep everything OUT of the courts as far as possible, and keep the funds for actual medical and rehabilitation.
    It's partly TAC's own fault that they spend so much in the courts now, but I can't help but feel that this incident hasn't overly done the rest of us any favours.
  5. Eh??


    = = =
    In what circumstances is the entitlement to TAC compensation restricted?
    A person's entitlement to certain TAC benefits is restricted in the following circumstances:

    • Unregistered or uninsured vehicle on private land - the TAC is unable to pay compensation to a person in a transport accident involving an unregistered vehicle or to an owner of an uninsured vehicle where the accident occurred on private land. Refer to the Uninsured and Unregistered Vehicles on Private Land policy.
    • Motor sport accidents - the TAC is unable to pay benefits to a person injured in a transport accident while taking part in, preparing for or being a spectator at an organised race, test, or speed trial. Refer to the Motor Sports policy.
    • Person committing an offence - the TAC is unable to pay any compensation (other than medical and like benefits) to a person who was driving at the time of the transport accident and is later convicted under the Crimes Act 1958 of culpable driving causing death. For transport accidents that occur on or after 20 November 2013, the TAC is also not able to pay compensation (other than medical and like benefits) to a driver who is convicted of an offence in another state or territory, that is equivalent to culpable driving causing death or dangerous driving causing death under the Crimes Act 1958.
    = = = =
    • Informative Informative x 1
  6. Hmmm. Looks like they overlooked the situation where the event is not an organised 'race' or speed trial. ie. timed or competitive.

    It appears not to matter where an injury occurs so long as the vehicle is registered and not actually 'racing'. Untimed, non-competitive laps of a track are not racing.

    41 Motor sport accidents excluded

    (1) The Commission is not liable to pay compensation in accordance with this Act in respect of a person who is injured or dies as a result of a transport accident involving a motor vehicle or motor vehicles that are taking part in, or in a test in preparation for, an organized motor vehicle race or a speed trial if the person is—

    1. (a) the driver of, or a passenger in, such a motor vehicle; or
    2. (b) a spectator at the race, trial or test; or
    3. (c) an official or organizer of the race, trial or test; or
    4. (d) assisting in any way in the holding of the race, trial or test; or
    5. (e) assisting competitors in the race, trial or test.

    • Agree Agree x 1
    • Informative Informative x 1
  7. Track days would have slipped through the cracks then?
    • Winner Winner x 1
  8. Yes I was under the impression that track days/ride days are covered by TAC as long as the bike is registered , IMO if your paying the TAC $400+ for your bike and $400+ for your car you deserve it ! It's personal insurance
  9. wonder if they can exclude road bikes at track days without excluding dirt bikes riding off road, especially those with rec reg? hmmm can I get rec reg for a tracky?
  10. If the point is to protect people against dehabilitating hospital costs from motor vehicle collisions, how does preventing payouts help? It's not like you suddenly have more money because of where you crashed.
  11. I imagine the theory is that if people aren't covered they won't do it, or at least not do it fast enough to crash.
    But hey, up til now none of us knew we were covered anyway and it didn't stop us.
  12. My drop on the road cost me more that $1200-00 out of my own pocket, I had a broken shoulder for six months before they operated on it, Now the govt has informed me that what ever was paid for by bulk billing, they want me to reimburse them for it,
    TAC sucks big time, They do everything too get out of paying for my Injuries,
    I took the bills to Medicare and they wont even look at it, Her comment to me was, Sue the TAC,
    • Informative Informative x 1
  13. I have been told multiple times that track days (non race practice) on a registered bike meant we were covered by the TAC.

    A nice track fang is pretty much the last legal area for the registered & licensed sports bike rider to use their bike in something close to the way they were intended.

    This is basically the same situation as riding a registered trail bike or quad on private property (ie having a fang on a trail bike on someone else's land with permission) so what's next I ride the trail bike and crash and no TAC cover?

    Typical blinkered useless TAC.
  14. The ultimate goal for the gov,tac etc is for all of us to have our own personal insurance so they can still fleece us for rego costs but not have any
    payouts while our insurers pick up the tab.
    • Agree Agree x 1