If you are in a car accident in Western Australia, what compensation can you claim? And how can you claim this compensation?
Car, truck, motorcycle, forklift, and pedestrian accidents all have serious repercussions for all parties involved. If you have been injured in a vehicle accident that was not entirely your fault, you should be aware of your legal entitlements to compensation.
Third-party insurance is required by law in Western Australia for all road users. Western Australian drivers and registered cars are required to have third-party insurance via the Insurance Commission of Western Australia (ICWA). The ICWA is a statutory organisation that is controlled by the Western Australian government and is the sole insurer that offers obligatory third-party insurance.
Who is eligible to make a car accident claim?
You can make a claim if you were injured in a car accident that was not entirely your fault, whether you were the driver, a passenger, or a cyclist. Even if you were walking on the street and a car crashed you, you may make a pedestrian accident claim under Motor Vehicle Compensation scheme.
You can even make a claim if you were not injured but were financially reliant on the individual who died in the car accident. If you were at fault yet suffered catastrophic injuries, you may be entitled to treatment, care, and assistance.
What is a catastrophic injury?
Catastrophic injuries are ones that have immediate and severe ramifications, such as the victim’s incapacity to work for the rest of their lives. Catastrophic injuries are those that leave the person permanently disabled.
The loss of a crucial bodily component is also considered a catastrophic injury. Loss of a limb, the ability to walk, or even the ability to think coherently are all examples. Any accident resulting in severe injuries, even if it only affects one person, might result in catastrophic injury compensation. You are entitled to compensation for your injuries under the law.
Is it necessary to be injured in a car accident to make a claim?
To make a car accident claim, you must be injured. Furthermore, being injured in a car accident does not automatically imply that you are entitled to compensation for bodily injuries or death. You must show that the accident was caused in part or entirely by the driver or owner of the car involved.
It is critical that you realise that you have three years from the date of the accident to make a claim.
If you are involved in a car accident, the entitlements you can claim can be listed as follows:
- Medical expenses including travel expenses,
- Household domestic assistance expenses,
- Past and future loss of income/opportunity,
- Compensation for your pain and suffering.
If you are injured in a car accident, what steps should you take to claim compensation?
The following is the procedure for filing a claim if you were injured in a car accident that was not entirely your fault:
- Use the Insurance Commission of Western Australia’s (ICWA) online interface to report the car accident. The web portal contains questions about the accident, the licence plates of the vehicles involved in the accident, and the contact information for all parties engaged in the accident. You will be given a claims reference number, which you may give to your treatment providers in order to get a quotation for reimbursement of your treatment costs.
- As soon as possible, submit a Notice of Intention to Make a Claim Form.
- Reach an agreement with the ICWA on the amount of compensation you are entitled to for your car accident claim.
How long would it take for a car accident claim to be resolved?
The length of time it takes for your car accident claim to be resolved varies based on a number of variables.
Each car accident affects people differently, and the time it takes to conclude your claim varies based on the circumstances. If you require surgery, for example, an experienced car accident lawyer would suggest deferring resolution of your claim until after the operation to ensure that the procedure’s expenses, repercussions (if any), and impact are all factored into your claim. Other factors, such as expectations, might influence how quickly your claim is resolved.
So, if the car accident is partially your fault, can you claim still be made for this car accident?
Yes, however depending on the precise circumstances surrounding how you were partially at fault, the amount of compensation may be decreased.