ICWA Claims | Western Australia
Written by
Principal Lawyer and Director · Last updated 28 August 2026
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Key Takeaway: If you were injured in a WA motor vehicle accident that you were not wholly at fault for, you may be entitled to compensation through an ICWA claim. The Insurance Commission of Western Australia is the only third-party insurer for WA road users, and Withstand Lawyers runs ICWA claims on a No Win No Fee basis.
ICWA Claims: Quick Answers
Motor vehicle injury claims, which are often called ICWA claims, are applicable to motorcycle riders, car drivers, pedestrians and other road users. If you have been injured as a result of your involvement in a motor vehicle accident that was not wholly your fault, you should contact our motor vehicle accident claim lawyers in WA who will advise you on your entitlements to compensation. Our experienced motor vehicle accident claim lawyers in Perth and surrounding suburbs can provide you with legal advice at no cost to you.
- No Upfront Costs
- No Win No Fee
- 99% Success Rate
- Maximum Lump Sum Payout
- No Upfront Costs
- No Win No Fee
- 99% Success Rate
- Maximum Lump Sum Payout
It is a legal requirement in Western Australia for all road users to have the Insurance Commission of Western Australia (ICWA) as their third-party insurer. The ICWA is a Western Australian government-owned insurer and the only insurer that provides third-party insurance.
Am I eligible to make an ICWA claim?
If you or the person you are financially dependent on has suffered injuries due to a motor vehicle accident in WA that you are not wholly at fault for, then you may be entitled to compensation for an ICWA claim. You can make a claim if you were not wholly at fault and sustained injuries from the motor vehicle accident.
How do I make a claim if I have been injured in a motor vehicle accident in WA?
Our senior motor vehicle accident lawyers are happy to provide free legal advice over the phone or in person. Withstand Lawyers can assist you to make an ICWA claim on a No Win No Fee basis. Reach us for further information!
Alternatively, you can follow the legal process to make a claim:
Secondly, a notice of intention to make a claim would have to be submitted by either you or our compensation lawyers on your behalf. The notice of intention to make a claim is required to be submitted as soon as practicable to avoid having the claim denied by the insurer.
Thirdly, all the relevant medical and financial evidence should be gathered in support of your claim. You can obtain all this evidence yourself or our compensation lawyers can gather the evidence on your behalf ensuring all your past and future losses are accounted for.
The last step involves negotiating with the ICWA a settlement for your claims otherwise court proceedings will be commenced to have your entitlements to compensation sought from the court.
Do I need to have a lawyer to make an ICWA claim?
Do I have to pay out of pocket for my ICWA claim?
What are my entitlements?
- Medical expenses including travel expenses
- Household domestic care/assistance expenses
- Past and future economic loss
- Compensation for your pain and suffering
How much compensation can I claim from an ICWA claim?
Depending on the circumstances surrounding your claim, the amount you can claim in compensation will vary. Your insurer will consider the extent of the injuries you have suffered, the loss sustained, your age, the treatment you require, your health, your pre-motor vehicle accident ability to work, intention and the pain and suffering suffered to determine the amount which you are eligible to receive. You can always reach our motor vehicle accident claim lawyers in WA to calculate the estimation of your claim benefits.
How long would settlement for my ICWA claim take?
This depends on the extent of your injuries. If you must undergo surgery or other types of invasive treatment, then you might take more time to settle your ICWA claim. To protect your entitlements and ensure all evidence is accounted for, it is best to wait until your injuries have stabilised as once your claim has been settled, no further compensation will be provided by the insurer.
What is an ICWA claim in Western Australia?
An ICWA claim is a motor vehicle injury claim made through the Insurance Commission of Western Australia. Because it is a legal requirement for all WA road users to have the ICWA as their third-party insurer, motor vehicle injury claims for motorcycle riders, car drivers, pedestrians and other road users in WA are made against the ICWA.
Who can make an ICWA claim?
You can make an ICWA claim if you, or the person you are financially dependent on, suffered injuries in a motor vehicle accident in WA that you were not wholly at fault for. This applies to motorcycle riders, car drivers, pedestrians and other road users, and our WA lawyers can confirm your eligibility at no cost.
When should I settle my ICWA claim?
It is best to wait until your injuries have stabilised before settling your ICWA claim. If you must undergo surgery or other invasive treatment, settlement may take longer, but this protects your entitlements. Once your ICWA claim has been settled, no further compensation will be provided by the insurer, so timing matters.
About the author
Issa Rabaya · Principal Lawyer and Director
✓ Admitted to the Supreme Court of NSW and High Court of Australia ✓ LLB ✓ IRO-approved ✓ Law Society of NSW
Acts for injured people in CTP, workers compensation, TPD and public liability claims.
Why Choose Withstand Lawyers for Your ICWA Claim?
Being injured on Western Australian roads can turn your life upside down, and you deserve a team that treats your recovery seriously. Withstand Lawyers has decades of experience helping people with serious injuries pursue their ICWA entitlements, and our senior motor vehicle accident lawyers in Perth and surrounding suburbs guide you through every stage of the Insurance Commission of Western Australia process. Withstand Lawyers works hard for every client, keeping you informed while we deal with the insurer, so nothing that affects your compensation is missed. Over $60 million recovered, 99% success rate, no win, no fee.
Call Withstand Lawyers on 1800 952 898 for your free claim check today.
“Working with Esther has been an absolute blessing during an incredibly difficult time. Anyone who has ever had to navigate an insurance claim knows just how difficult, overwhelming, and anxiety-inducing the entire process can be. Before reaching out to Withstand Lawyers, I was constantly stressed and deeply overwhelmed by the system. The firm made the initial intake process incredibly smooth, and they placed me in the hands of my lawyer, Esther. From that moment on, from the first conversation, I finally found my solid ground. Esther has completely transformed how I navigate this unfortunate situation. Because she handles my matter directly, I have a direct line of contact with her and never have to jump through hoops to get support. Esther’s presence alone has given me immense confidence in my claim. What sets her apart is her perfect balance of professional mastery and genuine empathy. As a client, having a lawyer who truly listens and supports you when your mind is filled with doubt is a massive relief. She doesn’t just manage a file — she consistently protects her client’s peace of mind. Her recommendations are always highly logical, realistic, and clear-cut. She cuts through the legal confusion and tells you exactly where you stand, which is exactly what you need during the hardest times of your life. I feel incredibly lucky to have Esther and her team at Withstand Lawyers by my side. For anyone out there facing a difficult time with an insurer and looking for a legal advocate who offers absolute clarity, strength, and compassion — I cannot recommend Esther highly enough. She is a truly admirable professional who genuinely cares about the people she protects. Truly grateful!” “I have searched top lawyers (personal injury) in Sydney. I found Withstand Lawyers so I rang them up and asked I need lawyers that are nicer and more understanding despite what I am going through. They exceeded my expectations especially Issa, he always remind everyone to be more cautious when speaking to me and I really appreciate that. I am satisfied that my case (MVA) turned out to be successful. Withstand lawyers is more than 5 stars. Can’t recommend highly enough.” “I would like to express my deepest appreciation for the incredible support I’ve received over the past 4.5 years. My case has been long, complicated, and filled with challenges, but Issa and his team stood by me through every step with genuine care, professionalism, and dedication. Their compassion has meant just as much to me as their legal expertise. They didn’t just handle my case, they helped me through some of the most difficult years of my life. I wholeheartedly recommend them to anyone who needs genuine support, honesty, and a team that truly cares about your wellbeing.” “Thank you Withstand Lawyer for your exceptional work, professionalism and easy process for successfully assisting me with my TPD claim. I am thankful for your support. I highly recommend Withstand Lawyers and the services they provide.” “Had a very positive experience with Withstand Lawyers. The team was professional, knowledgeable, and supportive throughout the entire process. They took the time to explain everything clearly, kept me informed at every stage, and responded promptly to my questions. Their attention to detail and commitment to achieving the best possible outcome gave me confidence from start to finish. I truly appreciate their dedication and excellent service, and I would highly recommend Withstand Lawyers to anyone looking for reliable and trustworthy service.” Issa Rabaya Director, Lawyer Founder and Director with 12 years' experience since his 2014 admission, previously at the largest litigation law firm in Australia. A personal injury lawyer for serious injuries, leading Withstand Lawyers' work across every claim type, with settlements reaching into the millions, including a $6.3 million motor vehicle accident result. Minaa Mohmand Special Counsel Special Counsel with over a decade of experience since 2016, handling complex, higher-value claims: serious injuries, disputed liability and matters heading to litigation, across motor vehicle accidents, work injury damages, public liability and TPD. Esther Ihn Senior Associate Senior Associate with over a decade of experience exclusively in personal injury claims since 2014, handling hundreds of matters across motor vehicle accidents, workers compensation, work injury damages and public liability. The team's go-to for serious-injury claims.4.9 ★ — 265+ Reviews
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