ICWA Claims | Western Australia

Issa Rabaya

Written by

Issa Rabaya

Principal Lawyer and Director · Last updated 6 July 2026

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

How do I start an ICWA claim after a WA motor vehicle accident?
After receiving the necessary medical treatment, you first report the motor vehicle accident on the ICWA online portal, where you are provided with a claims reference number once the accident details are submitted. Our motor vehicle accident lawyers in Perth can then guide you through the ICWA process at no cost to you.
Who is the third-party insurer for an ICWA claim?
In Western Australia it is a legal requirement for all road users to have the Insurance Commission of Western Australia (ICWA) as their third-party insurer. The ICWA is a WA government-owned insurer and the only insurer providing third-party cover, which is why motor vehicle injury claims in WA are commonly called ICWA claims.
Do I have to pay upfront for an ICWA claim?
No. Withstand Lawyers assists you to make an ICWA claim on a No Win No Fee basis, and our senior motor vehicle accident lawyers in WA provide free legal advice over the phone or in person. This means you can pursue your compensation entitlements without paying legal fees out of your own pocket.

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

western australia icwa insurance

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:
After receiving the necessary medical treatment, you first want to report the motor vehicle accident on the ICWA online portal. You will be provided with a claims reference number after details of the accident are submitted such as the license plates of the vehicles involved, the contact details of the parties involved and answers to the online portal questions regarding the accident. You can use your claims reference numbers to get a quotation on your treatment expenses from your treatment provider.

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?
No, you can make the claim yourself. However, we recommend you contact our motor vehicle accident claim lawyers in WA for a free initial consultation, who have experience in motor vehicle injury claims to work on your behalf to help you get your entitlements to compensation. Our motor vehicle accident claim lawyers in WA know how to gather evidence and present a strong claim. We will also ensure explain your entitlements and the claims process in a way that you will understand and be comfortable knowing you are getting the best result possible for your ICWA claim.
Do I have to pay out of pocket for my ICWA claim?
The answer is no. Our ICWA 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.
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.

perth western australia night view icwa building

Issa Rabaya, Principal Lawyer and Director at Withstand Lawyers

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.

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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 $47 million recovered, 99% success rate, no win, no fee.

Call Withstand Lawyers on 1800 952 898 for your free claim check today.

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