Bicycle Accident Injury Claims in Perth and Western Australia
In Western Australia, a motor vehicle accident involving a cyclist who is injured (“personal injury”) can be dealt with by The Insurance Commission of Western Australia (also known as ICWA). Funding for ICWA is provided by the compulsory third party insurance scheme which is known as “CTP” insurance, or “registration”, which each driver on Western Australian roads is required to take out in order to drive legally on our roads.
This is different to ordinary motor vehicle damage insurance, which only covers the cost of damage to vehicles and other property damage. These insurance policies are known as “comprehensive” or “third party” or “third party fire and theft” policies. CTP insurance is designed to cover the driver for any injury they may cause to another road user. It will cover the cost of any treatment the injured person may need and any compensation to which they may be entitled, for example loss of earnings or pain and suffering.
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How to Make an Accident Injury Claim after a Bicycle Accident involving a Vehicle (Steps)
You need to take the following steps to begin a claim:
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West Australian Motor Vehicle / Bicycle Accident Injury Claim Assessment Process
Once they receive notice of a claim, ICWA will assess who was at fault and, if they accept the claim, will review the medical evidence and recommendations. The factors that may influence their decision include:
ICWA will issue a claim reference number and once they have accepted the claim, they will monitor your progress, mainly through medical reports. In addition to reviewing medical reports from your own doctors and specialists, they will often send you to see one of their own specialists to obtain a second opinion.
Once you have recovered, or your condition has stabilised, your claim can be assessed. Your lawyer will review all the evidence and will put forward a submission to ICWA regarding the amount they think you should receive. The claim will then proceed by way of negotiation with ICWA. Most claims are agreed in this way. If agreement cannot be reached, it may be necessary to issue court proceedings.
What will impact the compensation amount in a Motor Vehicle Personal Accident Injury Claim?
The amount of compensation you may be entitled to will depend upon:
Because there are many different aspects to a personal injury claim, it is a good idea to seek professional advice and guidance on what you should be including in your claim.
How can Motor Legal help your Motor Vehicle Accident Injury Claim?
We have been dealing with motor vehicle accident, injury, and insurance claims for over 30 years and we do not deal with any other type of law.
It means that when you deal with us, you know that this is the area in which we operate, providing an end-to-end service on any motoring matter.
We provide you with free initial advice to help you work out whether you have a claim and can explain your rights so that you can make an informed decision about how to proceed.
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We are a firm of motor vehicle accident lawyers specialising in motor vehicle accident and insurance claims. We concentrate on what we are good at. We provide a one stop service for our clients on any motoring matter following an accident meaning we take care of everything. We have worked for both claimants and insurers and know exactly what you are entitled to claim. We know the process and we know the system. We provide free advice up front so you can determine what your rights and options are without worrying about cost.