Motorcycle Accidents Lawyers Perth
Motorcycle accidents compensation claim in Perth, WA
Motorcycle compensation claims are applicable to motorbike riders and other road users involved in motor vehicle accidents. If you have been injured as a result of a motorcycle accident not wholly your fault, you should seek legal advice from our motorcycle accident lawyers, and we will advise you of your compensation entitlement. We have motorcycle accidents lawyers in Perth and surrounding suburbs who can provide you with the necessary advice at no cost to you. The law in Western Australia requires every road user to have the Insurance Commission of Western Australia (ICWA) as their compulsory third party insurer. The ICWA is owned by the Government of Western Australia and holds exclusive rights to providing compulsory third-party insurance.
Who is eligible to make a motorcycle claim?
Anyone who has suffered injuries due to a motorcycle accident that was not wholly their fault may be entitled to compensation. You can make a dependency claim if you were not injured but the person you are financially dependent on was injured from the motorcycle accident. A claim can also be made if you are catastrophically injured from a motorcycle accident. Examples of catastrophic injuries include but are not limited to spinal cord injuries, traumatic brain injuries, multiple amputations, severe burns, and permanent traumatic blindness.
What am I entitled to if I have been injured in a motorcycle accident?
- Economic losses such as future and past loss of income/opportunity to earn income
- Compensation for the pain and suffering
- Medical expenses including treatment expenses and travel expenses
- Household domestic assistance expenses/care expenses
How do I claim if I have been injured in a motorcycle accident?
The first thing you should do after receiving the necessary medical treatment is report the motor cycle accident using the online portal provided by the ICWA. You will need to submit details of the accident; the license plate details of the motorcycles involved in the accident and the contact information of parties involved in the accident. A claims reference number will be provided to you after which you can give to your treatment provider to make a quotation on your treatment expenses.
The second thing you should do after lodging the crash report is submit a notice of intention to make a claim if you do not retain lawyers otherwise our compensation lawyers will submit the notice on your behalf. It is important to note that the notice is required to be submitted as soon as practicable otherwise the insurer could deny your claim.
Thirdly, you should or instruct our compensation lawyers to obtain all supporting medical and financial evidence in support of your claim to ensure we take into account all of your losses into the future.
Lastly, our compensation lawyers will negotiate a settlement with the ICWA otherwise commence court proceedings seeking the compensation you are entitled to from court.
Frequently Asked Questions
The amount you can claim in compensation varies and depends on your circumstances. These circumstances include the extent of the injuries suffered, the loss sustained, the treatment required and, the pain and suffering suffered. Other factors that affect the amount at which you are eligible to receive as compensation include your age, your ability to work before your injury was sustained as a result of the motorcycle accident, intention and health.
The amount of time it may take to settle your motorcycle claim depends on whether or not you will undergo invasive treatment such as surgery because you should not settle your claim until your injuries have stabilised to protect your entitlements. If your claim settles without your injuries stabilising or without ensuring all evidence is taken into account then you may have settled your motorcycle accident claim for much less than what you could have received.
It is important to note that once your claim has been settled, no further compensation will be provided by the insurer and as such you never want to settle too quickly but at the same time, we understand you don’t want your claim to continue more than it needs to. Rest assured however, our compensation lawyers will not settle until we are satisfied that we have claimed the compensation your claim is worth and that you accept the result.
You should be injured to claim compensation from a motorcycle accident. You will also need to prove that the injuries were sustained due to being involved in a motorcycle accident and were not wholly at fault. For a claim to be accepted by the ICWA, fault must be established. Our compensation lawyers will guide you on what you need to claim compensation from your motorcycle accident and will ensure you understand the law, process, entitlements and timeframe.
You should have reported the motorcycle accident to the ICWA through their online portal. If you are unsure on how to do that you can contact our compensation lawyers who will assist you. You are also required to lodge a notice of intention to claim otherwise we will lodge it on your behalf. You are also required to mitigate your loss which means try your best to get better.
No, however, we do recommend you contact our motorcycle accident lawyers because we have the experience to act on your behalf in ensuring you receive the compensation you are entitled to. We know how to request evidence to support your claim and will work hard to ensure you actually understand your entitlements and how to claim them.
Issa Rabaya
• Bachelor of Laws
• Graduate Diploma in Legal Practice
• Approved Legal Service Provider to the Independent Review Office
• Member of the Law Society
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