Who can claim compensation for personal injury following a motor vehicle accident?
Anyone who has been injured as a result of negligent driving of a Western Australian registered motor vehicle or in a car crash.
Anyone injured in Western Australia as a result of negligent driving of a motor vehicle registered in another Australian State or Territory.
A dependant of a person who was fatally injured because of negligent driving in a motor vehicle accident or car crash.
Note: You may be entitled to compensation even if ICWA consider the crash was partly your fault, or you were partly responsible for your injuries (e.g. by not wearing a seatbelt). However, the amount of compensation you receive is likely to be reduced.
When should I make a claim for compensation?
It is best to make a claim as soon after the accident as possible.
If you do not start proceedings or settle within 3 years of the date of the crash you will lose your right to compensation for your injuries.
Longer time limits apply to injured children.
What am I entitled to in compensation following a motor vehicle accident?
If liability is accepted, the Insurance Commission of Western Australia should pay your reasonable treatment expenses and any net wages or income you lose as a result of the crash.
You may also be entitled to a lump sum award of damages of up to $327,000 (as at 01/01/09) for your pain and suffering, depending upon the severity and effects of your injuries. Once you have reached the maximum stage of recovery ICWA may settle your claim with a lump sum.
How is compensation assessed?
1. General Damages for pain and suffering and loss of enjoyment of life: The maximum award for general damages is $327,000 (as at 01/01/09). For example, a mild whiplash claim might attract an award of $10,000 - $30,000, whereas a quadraplegic would receive the maximum payout plus any other losses.
2. Past treatment, travel and other expenses.
3. Future treatment, travel and other expenses.
4. Past and Future loss of earning capacity.
5. Compensation for gratuitous services, superannuation, interest etc.
Note: You should keep a record of all expenses you incur and any income you lose from work.
How much will it cost me in legal fees?
We charge legal fees according to the Court Scale or an agreed hourly rate, and will not render an account until your claim is finalised or Court proceedings are commenced.
If your claim is settled at a settlement conference, ICWA will make a contribution toward your legal fees, and in most cases you will not have to pay anything for those legal fees.
Members of some Unions do not have to pay any legal fees.
How do I make a claim following a motor vehicle accident?
In Western Australia, personal injury claims for motor vehicle accidents are managed by the Insurance Commission of Western Australia (ICWA). The ICWA are also the sole provider of Motor Vehicle Third Party (Personal Injury) insurance for the state.
If you have been involved in a crash the first thing you need to do is to complete and lodge a Notice of Intention to Claim form, available from the ICWA website www.icwa.wa.gov.au.
The ICWA will investigate the cause of the crash and determine who was at fault. You will then be notified whether liability is accepted.