Car Accident Lawyers Perth
Car Accidents Lawyers in Perth, Western Australia
Motor accidents, which include car accidents, truck accidents, motorbike accidents, forklift and pedestrian accidents have significant consequences to all parties involved. If you have been injured in a car accident which was not wholly your fault, and are injured as a result, you should know your entitlements to compensation.
All road users in Western Australia are required by law to have third-party insurance. The Insurance Commission of Western Australia (ICWA) is the compulsory third-party insurer for Western Australian drivers and registered vehicles. The ICWA is a statutory corporation and the only insurer that provides compulsory third-party insurance owned by the Western Australian Government. That is the body that acts as the insurer for the at fault driver and would be the same body that compensates you for your car accident related injury in western Australia.
Who can make a motor vehicle accident claim?
If you have been injured in a car or motor vehicle accident that was not wholly your fault, you can make a claim, regardless of whether you were the:
Also, if you were not injured but were financially dependent on the person that was injured from the car accident you can also make a motor vehicle accident claim. If you were at fault but your injuries are considered catastrophic injuries you can claim for treatment, care and support.
I have been involved in a car accident, what are my entitlements:
I have been injured in a car accident; how do I claim?
If you have been injured in a car accident that was not wholly your fault, this is a how to make a claim guide:
1. Report the motor accident to the Insurance Commission of Western Australia (ICWA). The easiest way to submit it is via their online portal. The online portal has questions regarding the details of the accident, the details of license plates of the vehicles involved in the accident and contact details of all parties involved in the accident. If you require assistance, please contact our car accident lawyers who will happily provide free advice on how to submit it and will also give you free advice on your compensation entitlements. You will be provided with a claim number, usually within 14 days after you submit the crash report which can then be provided to your treatment providers to quote for payment of your treatment expenses. The ICWA will if it accepts liability, that is it finds you were not mostly at fault for the car or motor accident, will pay for your reasonable and necessary medical expenses such as physiotherapy expenses, doctor consultations, scan examinations, psychological consultations, medical expenses, surgery expenses and related medical treatment. Please contact our office if the ICWA denies liability for our free initial consultation about your chances of success if you were to challenge their decision in Court.
2. Submit a Notice of Intention to Make a Claim Form as soon as practicable. Our car accident lawyers do this for our clients. It’s a form to put the ICWA on notice that you intend on claiming compensation and not just treatment cover. It’s a requirement to notify the ICWA as soon as practicable.
3. Negotiate a settlement with the ICWA in regards to how much compensation you are entitled to for your motor vehicle accident claim. This is not a requirement although it makes sense to understand what the view of the ICWA is with regards to your car accident claim for peace of mind. You are also able to commence court proceedings and participate in a conference with the ICWA after commencing. Of course, our lawyers would not resolve your claim or participate in any settlement discussions with the ICWA without your instructions. We act for you and only in your best interests – this is a requirement that lawyers are required to follow.
Frequently Asked Questions
The amount of compensation you can claim varies because it is not the same amount for every claim. It depends on the extent of your injuries, loss, treatment you require and pain and suffering you have suffered as a result.
There are four different entitlements, loss of income, treatment expenses, domestic care and pain and suffering. For pain and suffering compensation the maximum amount payable as at 1 July 2020 is $432,000. To claim pain and suffering compensation, the total general damages for other losses such as loss of income, treatment expenses, domestic care have to be more than $22,500. Factors such as your age, your pre-injury working capacity, intention and health also have an impact to the amount of compensation you can claim. To be eligible to claim you need to be found not mostly at fault. If the fault of the accident is not clear or if the driver at fault denies it was their fault, witness statements from eyewitnesses and police reports will be required to assist all parties in determining who was wholly or mostly at fault. Our law firm takes pride in obtaining all the available evidence to support your motor vehicle accident claim.
Yes, strict time limits apply. You have 3 years to commence court proceedings for your motor vehicle accident claim. If you don’t commence court proceedings within the 3-year time limit, you will be out of time and will be unable to commence court proceedings without seeking special leave from the court.
Special leave is only granted for specific circumstances. Please contact our personal injury lawyers for advice on your specific circumstances to see whether or not it would likely be granted or not. The ICWA could still provide you with compensation however if you are out of time, you may not have any other option.
General damages is the compensation for loss of income, treatment expenses and domestic care. It damages other than damages for pain and suffering compensation. It includes loss of income, loss of opportunity, treatment expenses and domestic care. Our accident lawyers in Perth will be able to advise you on your entitlements to general damages and advise you on the best way to claim them for your claim. Our car accident lawyers operate on a No Win No Fee Policy.*
The resolution time for your motor vehicle accident claim may vary depending on many factors. Whilst we appreciate you want to resolve your claim as soon as possible, at the same time you do not want to resolve your claim without ensuring all losses and consequences, both past and future are taken into account. Each car accident has its own impact on everyone differently and depending on the circumstances, the time it takes to resolve your claim varies. For example, if you need to have surgery our car accident lawyers would advise against resolving your claim until after the surgery to ensure its costs, consequences (if any) and impact are all taken into account in your claim. Other factors such as expectations also have an impact as to when your claim will resolve. For example, However, it usually takes an average of 1.5 years for our car accident lawyers to resolve claims for our clients who have not had surgery.
Yes, you need to be injured to make a car accident claim. Also, your injury in a car accident does not always mean you can claim compensation for personal injury or death. You need to prove that the accident was caused, in whole or in part, by the fault of the driver or owner of the motor vehicle involved.
Yes, but the amount of compensation may be reduced depending on specific circumstances relating to how you were partly at fault.
As lawyers in this area, our view is that you have nothing to lose by contacting our lawyers to obtain the best possible advice based on your scenario. You can expect to be informed about your eligibility, the process of making a claim, what to expect, the time period and the next steps in making a claim.
Our car accident lawyers are senior lawyers who take pride in representing injured clients by collecting evidence in support of our client claims, and liaising with doctors, third parties and the ICWA to achieve the best result for our clients in claiming compensation.
Whilst our lawyers will act in your best interests and are able to break down the law for you in language that you can understand, you need to be upfront and explain your circumstances to our car accident lawyers. Our car accident lawyers advise about what you need to do after the accident which will be dependent on the information you provide and as such it is important you provide correct information. That will ensure the best advice that is in the best of your interests for your claim will be provided. You can reach our car accident lawyers throughout Western Australia, including but not limited to Perth, eastern & western suburbs.
No. Our car accident lawyers operate on a No Win No Fee policy which means unless you win you do not pay our legal costs and disbursements out of pocket. You are only required to pay our legal costs and disbursements after you are successful in receiving compensation from the compensation monies. In our Free Initial Consultation our car accident lawyers, will advise you on how much our legal costs and disbursements will be, which are only payable, upon successful completion, and it will be very clear and transparent. You will also be informed however that if your claim is required to be progressed to court and you are unsuccessful, you may be liable to pay the legal costs and disbursements of ICWA’s lawyers. Usually for you to lose in court it means that you were found to be wholly or mostly at fault.
Given the financial risk, we will of course advise you prior to commencing court proceedings of the risk in detail and will advise you of our opinion depending on the specific circumstances of your claim. Of course, straight forward motor vehicle accidents such as being rear-ended or if you were a passenger are mostly accepted which means you would not lose in Court on liability.
No, you do not have to use a lawyer for your accident claim. We do however recommend you organise a free initial consultation with our car accident lawyers to ensure you understand your entitlements to compensation and how to claim them. You can then decide whether you want to use a car accident lawyer or not. Using a car accident lawyer is advantageous to your claim because we know what you are entitled to and what preparation, work and evidence need to be gathered to support your claim.
Western Australia Car accident advertising restrictions
Due to Western Australia advertising restrictions, we are limited in what information we are able to disclose on our website regarding personal injury claims. However, you are able to contact our Western Australia personal injury lawyers who will provide you advice in our free initial consultation.
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