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Motor Vehicle Accident Lawyer Perth – Explained by Perth Lawyer

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Motor Vehicle Injury Claims in Perth, Western Australia

Motor vehicle injury claims in WA are applicable to truck drivers, 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 which was not wholly your fault, you should contact our motor vehicle accident lawyers who will advise you on your entitlements to compensation. Our motor vehicle accident lawyers in Perth and surrounding suburbs can provide you with legal advice at no cost to you. 

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 a claim?

If you or the person you are financially dependent on has suffered injuries due to a motor vehicle accident that you or they are not wholly at fault for, then you may be entitled to compensation for our motor vehicle injury claim. 

Important You can make claim if you were not wholly at fault and sustained injuries from the motor vehicle accident.
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How do I make a claim if I have been injured in a motor vehicle accident?

step 1

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.

step 2

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.

step 3

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.

step 4

Fourth and 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.

How much compensation can I claim from a motor vehicle accident?

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.

Calculate your compensation claim
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How long would settlement for my motor vehicle accident 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 claim. To protect your entitlements and ensure all evidence is accounted for, it is best to wait until your injuries have stabilised as once you claim has been settled, no further compensation will be provided by the insurer.

Can I claim compensation from a motor vehicle accident?

To make a compensation claim, you will need to be injured from a motor vehicles accident. You will need to provide proof that your injuries were caused due to your involvement in the accident. You can contact our compensation lawyers, who will explain the motor vehicle accident claims process to you ensuring you understand the timeframes, law and your entitlements from your motor vehicle accident.

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What are catastrophic injuries?

Catastrophic injuries include but are not limited to severe burns, spinal cord injuries, multiple amputations, traumatic brain injuries, and permanent traumatic blindness.

Do I need to have a lawyer to make a motor vehicle accident claim?

No, you can make the claim yourself. However, we recommend you contact our motor vehicle accident lawyers who have the experience in motor vehicle injury claims to work on your behalf to help you get your entitlements to compensation. Our motor vehicle accident lawyers know how to gather evidence and present a strong claim. 

We will also ensure explain your entitlement and the claims process in a way that you will understand and be comfortable knowing you are getting the best result possible for your motor vehicle injury claim.

Frequently asked questions

How much compensation can I claim from a car accident in Western Australia?

The amount of compensation claims vary in WA. It’s because each claim is unique and the payment amounts depend on the extent of the injuries, loss of income, required treatment and pain and suffering as a result of the motor vehicle accident.

There are four main entitlements: loss of income, treatment expenses, domestic care and pain and suffering. Variables like your age, your pre-injury working capacity, intention, and health have an impact on the number of compensation benefits that you can claim.

In WA, you must not be mostly at fault to be eligible to claim motor vehicle compensation. If the fault of the accident is not clear or if the driver at fault denies it was their fault or if the accident was hit and run, witness statements and police reports may be required to assist all parties in determining who was at fault. Our motor vehicle accident lawyers will assist you by obtaining evidence on your behalf.

Do I need to be injured to make a claim?

Yes, you need to be injured to make a motor vehicle accident claim.  

You need to prove that the accident was caused, in whole or mostly, by the fault of the driver or owner of the motor vehicle involved.

It is important you understand that a strict time limit applies; you have 3 years from the date of the accident to commence court proceedings, if necessary.

What does ‘general damages’ mean in a motor vehicle accident claim?

General damages refers to the compensation benefits for loss of income, treatment expenses and domestic care. It covers damages other than pain and suffering compensation.

It includes loss of income, loss of opportunity, treatment expenses and domestic care. Our motor vehicle accident lawyers will be able to advise you on your entitlements to general damages and advise you on the best way to claim them. Evidence is key to maximise compensation in your motor vehicle accident claim and that’s why our motor vehicle accident lawyers will request reports from multiple doctors and third parties to support your claim.

How long will it take to resolve my motor vehicle accident claim?

The resolution time for your motor vehicle accident claim varies depending on many factors. While our team will try to resolve your claim as soon as possible, our experienced motor vehicle accident lawyersdo not want to resolve your claim without ensuring all losses and consequences that you are entitled to.

Each traffic accident has its own impact on everyone differently and they take different times to be resolved.

As an example, if you need to have surgery, our motor accident lawyers might advise against resolving your claim until after the surgery to ensure its medical costs, potential consequences, and impact is taken into account in your motor vehicle accident claim since its essentially a payout.

All in all, it usually takes 1.5 years for our motor vehicle accident lawyers to resolve claims for our clients if they did not have surgery.

Do I have to pay you out of pocket for my car accident claim?

The short answer is no.

Our motor vehicle accident lawyers operate on a No Win No Fee policy which means you don’t pay any legal costs and disbursements out of pocket unless we win your case. You are only required to pay legal costs and disbursements after receiving compensation as a result of your claim.

In our free claim consultation, our motor vehicle lawyers will advise you on how much our legal costs and disbursements will be as it depends on the work involved however it will be very clear and transparent.

Western Australia motor vehicle 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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*Our No Win No Fee policy means that you will not be out of pocket for our costs or disbursements if you lose your claim – no win no fee. If we commence court proceedings and you are unsuccessful you still won’t be out of pocket for our costs and disbursements however you will be out of pocket for the other sides legal costs and disbursements. Prior to commencing proceedings we will provide you with an authority explaining the risks and costs which could arise if you lose in court, one being that if you lose in court you would be liable for the legal costs and disbursements of the other side.

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