Fracture settlements
in Victoria.
Victoria operates the Transport Accident Commission scheme, full no-fault statutory benefits for all motor injury, with common-law damages reserved for serious injury (30%+ WPI or judicial certificate). For fracture claims specifically, the Australia band on this page is adjusted for Victoria's common-law contributory reduction and any applicable statutory cap.
Victoria applies the common-law contributory-reduction framework for fracture claims, with the apportionment determined on the facts rather than by statutory bright line. The discretion gives judges and juries flexibility in mixed-liability fracture cases, and outcomes track closely to the perceived reasonableness of the claimant's conduct.
Victoria's caps (non-economic loss cap, serious-injury threshold) apply to the non-economic component of fracture damages and can compress upper-tier verdicts. The exact application depends on the cause of action and the head of damage; the caps section on this page sets out each ceiling and the conditions under which it bites.
The Australia band is the starting point. Victoria's fault rule and any applicable cap then adjust the figure.