Seek legal advice if as a result of a motor vehicle accident:
- you have been injured in a motor vehicle accident or
- someone is making a claim against you for a personal injury
How do people injured in motor vehicle accidents in WA get help?
Third party personal injury insurance is compulsory in WA. It covers every motor vehicle that is licensed or registered in WA. This insurance covers people injured in motor vehicle accidents where a driver is at fault or partially at fault.
The Insurance Commission of Western Australia (ICWA) manages all personal and fatal injury claims resulting from motor vehicle crashes that involve Western Australian licensed vehicles. Contact the ICWA on (08) 9264 3333.
Who is covered by third party insurance?
It covers people injured in motor vehicle accidents where the other driver or the driver of the car in which the injured person was travelling is at fault or partially at fault.
The injured person makes a claim against the insurer, ICWA, rather than against the driver and/or owner who caused the injuries.
Does everyone have a right to compensation from the ICWA?
Being injured does not create an automatic right to compensation. The injured person must establish negligence.
What if I am partly responsible for the accident?
If you are partly at fault in causing your injuries (eg failing to wear a seatbelt or failing to wear a helmet while riding a motor cycle or pushbike) you may still be able to claim but any compensation may be reduced because of your contributory negligence.
What if I don't know who caused the accident?
Even if you don't know who caused the accident (eg a hit and run accident) you may still be able to make a claim. You must have taken reasonable steps to find out who did caused the accident.
What if the other vehicle is licensed interstate?
If the vehicle at fault is licensed interstate, you may be able to claim from the interstate compulsory third party insurer. Contact the ICWA for more information.
What if the other vehicle is unlicensed?
If the vehicle at fault is unlicensed, you may still be able to make a claim through the ICWA.
What do I do if I have been injured?
Most claims go through the ICWA.
If you have been injured in an accident you have to let the ICWA know of your claim as soon as possible. The ICWA will tell you how to claim.
What do I do if someone has been injured in a motor vehicle accident?
If:
- you are the driver or owner of a vehicle and
- it is involved in an accident and
- someone suffers an injury
you must report the accident to the ICWA as soon as possible. This includes injuries to pedestrians or cyclists. Crashes can now be reported at the
Online Crash Reporting Facility.
Visit the Insurance Commission of Western Australia website for more information.
What if the ICWA has made an offer to settle my claim?
You should get legal advice on any offer made to settle a claim
What if the ICWA refuse my claim?
If the ICWA refuses your claim you should get legal advice.
Can I take a case to court for injuries I received in a car accident?
Where you are the injured party you may, in some circumstances, want to start an action in the courts. This is called a "common law" claim. For your action to be successful you need to show that your injuries were caused by the negligence of the person you are making a claim against. There are laws that set out what you need to show. Get legal advice.
Are there time limits for starting a claim?
There are time limits for starting your claim in court. Get legal advice about what time limits apply in your case
For injuries or deaths before 15 November 2005
Get legal advice immediately.
For injuries or deaths on or after 15 November 2005
For injuries received on or after 15 November 2005, claims for:
- Adults must be lodged within three years from the date when you first became aware of your injury, or of the first symptom, clinical sign or manifestation of your injury (generally this is the date of the crash). If you have not settled your claim within three years from the date you first became aware of your injury you must make sure court proceedings are started to keep your claim. Get legal advice.
- Children or young people aged under 18 at the time they first became aware of their injuries have different time limits apply depending on their age. Get legal advice.
- A young person aged between 15-18 must be started before they turn 21.
There are situations where the court may grant extensions. Get legal advice.
If the claim is for dependency resulting from a fatal crash court proceedings must be started within three years of the death.
A parent usually makes a claim for a child under 18.
If, at the time of the injury, you were not able to look after your own affairs as a result of:
- mental illness; or
- intellectual disability
get legal advice about the time limit that applies to you.
What can I claim?
The money paid for injuries or other loss is called "damages".
There are laws about the amount of damages you can get for personal injury claims from motor vehicle accidents.
In some cases the amount of damages may be limited or you may be unable to recover anything.
For example, there are limits where your claim is for "non pecuniary" damages. Non-pecuniary damages are for things like pain, suffering and loss of enjoyment of life.
Where your claim for non-pecuniary damages is less than $17,500 (current from 1 July 2011) you will not be paid any money for these damages. You may still be able to claim for other types of damages such as loss of income or costs of medical treatment.
Get legal advice about what damages you can claim.
For more information about motor vehicle accidents and injuries, or about how these procedures apply to your own case, get legal advice.
Where can I get more information?
- Contact the Insurance Commission of Western Australia on (08) 9264 3333 freecall 1800 643 338 (outside Perth) for information and a useful guide for people injured in a motor vehicle accident
- For information on finding a lawyer and questions you should ask a lawyer, see Lawyers
Last reviewed: 21/07/2011