Road Accident Injuries - WA
Hurt in a road accident?
If you've suffered as the result of a road accident, you'll
understand the stress, pain and tragedy accidents can cause.
Unfortunately, the experience can often be made worse when it comes
to dealing with insurance companies after the accident.
You may be able to claim compensation through Western
Australia's third party insurance company, the Insurance Commission
of Western Australia (ICWA), if you've been injured in an accident
caused by the negligent driving of a motor vehicle.
It's important to get advice
from experts
Part of the difficulty in dealing with insurance companies and
state authorities is that the law relating to motor vehicle
accident claims can be complicated. Our experts make the process
easier for you by providing straight-forward legal advice. No
matter who you are up against, Maurice Blackburn will fight to
protect you.
What type of accidents are
covered?
Insurance companies cover a number of motor vehicle related
incidents, including:
• a driver injured in an accident where the other vehicle was
at fault
• a passenger injured in an accident with another
vehicle
• a passenger injured in a single vehicle accident
• a pedestrian hit by a vehicle
• a cyclist hit by a vehicle or hitting an opening door of a
vehicle
• a motorcyclist hit by a vehicle, and
• a driver or passenger in a single vehicle accident caused by
a defect in the vehicle, which caused the vehicle to run out of
control.
What payments am I
entitled to?
Depending on the nature of your injuries you are typically
entitled to:
• general damages (for pain and suffering and loss of
amenity)
• past and future income loss
• past and future medical and therapeutic expenses
• past and future domestic assistance expenses, and
• interest on some damages and losses.
What expenses are
covered?
Medical and related expenses will usually be covered,
including:
• approved medical and hospital expenses
• approved rehabilitation expenses, including any aid,
treatment, counselling, appliance, apparatus or other service
• travelling expenses related to medical and rehabilitation
appointments
• pharmacy expenses incurred because of the transport
accident, and
• counselling expenses, where the accident caused death or
severe injury.
Procedure
If you are injured in a motor vehicle accident in Western
Australia, and you wish to claim compensation, you must forward a
notice in writing to the ICWA of your intention to claim as soon as
is practicable after the accident.
You can now report your crash online at www.crashreport.com.au. Failure to submit
notice in writing may mean you are not entitled to proceed or it
may cause you delay or make your claim more costly to resolve.
Generally, any court proceedings must be commenced within three
years of the injury.
Will it cost anything to find
out whether I can make a claim?
No. We are happy to advise you on your situation during a free
first consultation. Call Maurice Blackburn on 1800 810 856 to
make an appointment.