Common law claims
TAC common law claims: compensation when another driver was at fault
If someone else caused your accident and your injuries are serious, you may be entitled to compensation well beyond standard TAC benefits.
The basics
What is a TAC common law claim?
A TAC common law claim is a claim for compensation against the driver at fault, made available when your injuries meet the scheme's serious injury threshold. Unlike standard TAC benefits, it isn't automatic. It requires proving fault and injury severity, and it can cover pain, suffering and loss of income well beyond what statutory benefits provide.
Eligibility
Am I eligible?
Two things need to line up before a common law claim is available to you.
Someone else was at least partly at fault
Unlike standard TAC benefits, which are available regardless of fault, a common law claim requires another party to have caused or contributed to the accident.
Your injury meets the serious injury threshold
This is met in one of two ways: your permanent impairment is assessed at 30% or more, or you're granted a Serious Injury Certificate by the TAC. Where impairment falls below 30%, the TAC or a court can still find a serious injury based on how much the injury affects your ability to work or enjoy life, so a lower percentage doesn't automatically rule you out. If the TAC declines to grant the certificate, you can apply to the County Court for permission to proceed.
What's included
How we handle your claim
Assessing your eligibility
We work out early whether you meet the serious injury threshold, and if a Serious Injury Certificate application is the right next step, we prepare it.
Negotiating with the TAC's insurer
Most claims are resolved through negotiation rather than a hearing. We handle that negotiation on your behalf, aiming for a settlement that reflects the real cost of what's happened to you.
Representing you at conciliation or in court
Where a claim doesn't settle, we represent you through conciliation and, if necessary, in court.
No win, no fee throughout
You don't pay us unless we recover compensation for you.
How we help
Why this claim is worth getting right
Common law claims are where the largest compensation outcomes sit, and also where the eligibility questions get the most complicated. Getting the serious injury assessment right at the outset matters more here than almost anywhere else in the scheme.
FAQs
Common law claims: what people ask us
Standard TAC benefits (medical costs, income support) are available regardless of fault. A common law claim is different: it requires another party to have been at fault, and it can cover pain and suffering and future economic loss that standard benefits don't touch.
Think you might be eligible?
A free, no-obligation conversation is the fastest way to find out.