Motor Vehicle Accident Injury Claims in Perth and Western Australia
In Western Australia, motor vehicle injury (“personal injury”) claims are 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 your ordinary motor vehicle damage insurance, which only covers you for 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. Your CTP insurance is designed to cover you for any injury you 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.
With over 25 years experience in road accident personal injuries, we know how to get the best outcome for you.
No Win, No Fee
We're in the business of helping you. If we are unsuccessful in securing a win for you we will waive our fees.
With years of experience working with the Insurance Commission of Western Australia we can efficiently manage your claim.
How to Make a Motor Vehicle Accident Injury Claim after an Accident (Steps)
You need to take the following steps to begin a claim:
How Can We Help With Your Claim?
We take the stress, confusion and worry out of your motor vehicle accident injury claim. Understanding the challenges and stress of a motor vehicle accident injury means we know how to make life easier for you.
With the right answers and support we'll help you get life back to normal sooner rather than later.
West Australian Motor Vehicle 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.
Common Injuries with a Motor Vehicle Accident Injury Claim
The most common types of injury suffered during or after a road accident are as follows:
This is an injury to the soft tissues (muscles, tendons and ligaments) of the neck and/or back. It is caused by the rapid acceleration and deceleration effect when the body is suddenly and forcefully thrown forward or sideways by an impact and is then restrained by the seatbelt.
The body is violently pushed and pulled in opposite directions until it returns to its original position. The whole event may last 1-2 seconds but, in that time, the small fibres of the muscles and tendons undergo enormous and unnatural stress which may cause lasting damage and lead to pain and loss of movement.
Similar in nature to a whiplash injury, a shoulder injury is usually caused by the effect of the seatbelt, in which one shoulder is restrained and the other, usually the left one if you are the driver, is not.
Again, the tearing effect on the muscles and tendons can cause inflammation and, in some cases, cause an actual tear of the tissues. Some of these inflammatory injuries (often called a “bursa” or “bursitis”) can be helped by cortisone injections. More serious cases may require surgery which is painful and will require a period of convalescence in which the shoulder cannot be stressed.
Again, these are usually a by-product of the primary whiplash injury described above.
They are often referred to as “cervicogenic”, meaning they originate from the cervical spine, or neck, as opposed to from the head itself. They can be migrainous in nature and can often be one of the most debilitating aspects of a whiplash injury.
This is the acronym for Post-Traumatic Stress Disorder and is a psychological disorder caused by the mind’s reaction to the perceived threat of harm which it has just experienced. When a person’s life is suddenly threatened, it can cause a disturbing set of symptoms, including extreme anxiety, flashbacks, re-experiencing of the accident, sleeplessness, hypervigilance and avoidant behaviour amongst other symptoms. It can often outlast the physical effects of the accident and create life-long difficulties for the sufferer.
They may not occur as frequently as soft tissue injuries but are a feature of more serious accidents.
Often the injuries are to the legs or feet, caused by the crushing effect of the impact, usually in the footwell of the vehicle.
These are a more severe form of soft tissue injury, where the skin and underlying tissue is stripped off the limb exposing the tendons and bone underneath. These injuries may require multiple surgical procedures to clean the wounds, repair the bones (often using wires or pins) and graft healthy skin tissue from elsewhere on the body to form a patch over the damaged area.
These procedures carry a risk of infection and may have to be repeated if the grafts do not initially take. They will often lead to marked disfigurement with permanent scarring and loss of function in the affected limb.
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.
The Secret of Getting Ahead, is Getting Started
However you get from A to B, if you’ve had a car accident and sustained a personal injury, Motorlegal will help you sort out your injury claim. Whether a personal injury from a car accident, a motorbike accident, accident on a bus, bicycle accident, or an accident as a pedestrian you will have the assurance of professional legal support and guidance.
We'll Drive the Claim for You
Experience the Difference
Resources & Guides
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.
Motorlegal offers a wide range of services, including:
- advice and representation in personal injury claims
- recovering the cost of repairs to your vehicle
- dealing with insurance disputes
- arranging a hire car if you need one
- recovering all other losses not covered by your insurance
Because we specialise in motor vehicle claims, we are able to deal with queries and resolve problems quickly.
If you have been injured, we will probably need to obtain medical reports to support your claim. Once your injuries have settled, your claim can be finalised. This may take a few months or longer depending upon the severity of your injuries.
If your claim does not involve personal injury, we will issue a letter of demand to recover your losses from the driver at fault and ask for payment to be made within 21 days. If we have to issue legal proceedings to recover your losses, it will take longer but we will always keep you informed of the progress of your claim.
No. Our initial advice is absolutely free. What you choose to do from there is up to you.
Yes – even if you are the driver at fault.
Yes. We can still advise you on what you need to do. In some cases you may only be partly at fault which means you are still entitled to make a claim for any losses or injuries.
If you are claiming compensation for personal injury, we act on a no win no fee basis. This means we do not charge you if you lose your case but you still pay for any disbursements we have incurred on your behalf e.g. medical reports and court fees. If you win, we will recover most of our costs from the other driver’s insurer. We only ask you to meet any shortfall in our costs at the end of the claim once you have received your settlement offer. All of this will be explained to you fully beforehand. For all other accident claims, we can work on a fixed fee basis if you prefer so that you know exactly how much it will cost from the start.
Most claims settle without going to court and it is unlikely that you will have to attend.
We are happy to see you at any time but we can obtain most of the information we need by phone or email. We will generally contact you if we need anything – we do this to save time and costs.
You are required by law to report an injury claim from a traffic crash via the ICWA online crash reporting facility. We can help make sure that it’s done correctly.