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Personal injury - motor vehicle accidents

Personal injury - motor vehicle accidents

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 or freecall 1800 643 338 (outside Perth).

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.

 

Frequently Asked Questions on the ICWA website has answers to questions including about who can make a claim, what if you are partly at fault, and if the vehicle at fault is licensed in another State or Territory .

What if I don't know who caused the accident?

Even if you don't know who caused the accident (for example, 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 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. This can be accessed at the ICWA or WA Police website

 

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.

Frequently Asked Questions on the ICWA website has detailed information on time limits under the heading Is there a time limit to lodge a claim? Get legal advice about what time limits apply in your case if you are unsure.

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.

Frequently Asked Questions on the ICWA website has information on what you can claim.

Get legal advice about what damages you can claim.

Where can I get more information?

  • Contact the Insurance Commission of Western Australia  on (08) 9264 3333 or 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: 27/11/2015

Last modified: 27/11/2015 1:43 PM

Disclaimer

The information displayed on this page is provided for information purposes only and does not constitute legal advice. If you have a legal problem, you should see a lawyer. Legal Aid Western Australia aims to provide information that is accurate, however does not accept responsibility for any errors or omissions in the information provided on this page or incorporated into it by reference.