Motorbike Accident Injury Claims Making a claim in Western Australia

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Motorbike Accident Injury Claims in Perth and Western Australia

If you or a family member has been injured due to, in some part, someone else’s negligent driving, it is imperative that you seek the advice of an expert injury lawyer and lodge a motorbike accident claim. The benefits and overall compensation owed to you can vary, depending on the location of the accident as well as the circumstances that resulted in your injury.

Motorbike riders are generally the most at risk on Australian roads. If you are unfortunate enough to be involved in an accident with another vehicle, the likelihood of you being physically injured tends to be much higher. On a motorbike, injuries sustained in even a smaller collision can be devastating.

Whilst the majority of motorbike riders are licensed and ride carefully, observe all road rules and wear the necessary protective gear, they are sometimes not visible on the road. This can result in a high level of injuries and even fatalities.

You may not be sure if you require a lawyer for your specific case. It is recommended to seek a lawyer if:

  • You require appropriate compensation for injuries incurred
  • You have injured your neck, shoulders, back, knees, arms, or broken any bones
  • You have taken time off work and are unsure of what lump sum is owed to you
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Valuable Experience

With over 25 years experience in road accident personal injuries, we know how to get the best outcome for you. 

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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.

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West Australian

With years of experience working with the Insurance Commission of Western Australia we can efficiently manage your claim.

What Steps Should I Take After A Motorcycle Accident?

If you are involved in a motorbike accident and are still able to move and function thereafter, there are several important steps to take in order to ensure your motorbike accident claim will be successful. If the accident is more serious and you are unable to do it yourself, it is up your next of kin to ensure these steps are taken on your behalf.

  • 1

    Examine Your Health And Overall Safety

    The first priority immediately after the motorbike accident has occurred is to ensure all involved parties are ok. It is crucial to contact a medical professional to examine the injured parties in order to document any injuries or irregularities caused by the accident.

    It is important to request and keep all medical records and certificates from the medical professional, as they will be vital to your motorbike accident claim.

  • 2

    Gather The Details Of The Other People Involved

    If the driver is still on the scene, it is crucial you take down as much detail about them and their vehicle as possible, including name, vehicle registration and insurance details.

    It is also recommended to take pictures of the vehicle as well as anything else that could be deemed evidence. If it was a hit and run situation, it is important to notify the police immediately and have them come to the location of the accident.

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  • 3

    Report The Accident To The Police And The Insurance Commission Of Western Australia.

    If the police attend the accident, they may take a report from you at the scene. However, whether or not they attend, you should still complete an online crash report form, as this will provide a record of all parties involved, the accident circumstances and whether or not there were any injuries. You should submit this as soon as possible after the accident as any unexplained delay may prejudice your claim. This is because ICWA need to be able to investigate the claim promptly, so the sooner they are notified, the better.

  • 4

    Submit A Personal Injury Compensation Claim

    This should be done as soon as you are aware that you have an injury that requires treatment. This is done once you have reported the claim as described above. It is done by sending ICWA a “Notification of Intention to Claim” form which will allow them to set up a file for your claim. They will then be able to consider funding your treatment costs, such as physiotherapy, rehabilitation, medication, specialist costs etc. as well as compensation for pain and suffering providing that certain criteria are met.

    Remember that injury claims are dealt with by ICWA, whereas vehicle and property damage claims are dealt with by the relevant commercial insurer. If you need to lodge a vehicle damage claim, you will need to notify the negligent driver’s insurer so that they can then investigate and assess your claim. You will need to provide evidence of the estimated cost of repairs and any other losses you may have which relate to your vehicle, e.g. replacement car hire charges.

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.

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West Australian Motorcycle 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:

  • Whether you were wearing a helmet
  • Whether anyone was under the influence of drugs or alcohol
  • What the witnesses say
  • What the medical specialists say about your injuries
  • What supporting evidence you have regarding any loss of earning

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 Information Will I Require To Lodge A Motorbike Accident Injury Claim?

When submitting a personal injury claim, you will need to provide the following details:

  • Details of the accident
  • Extent of injuries sustained
  • Out-of-pocket money spent as a result of your accident including medical bills or loss or earnings if you have not been able to work

By selecting a reputable and experienced personal injury lawyer, you will be guaranteed that all this information, as well as any supporting evidence, will be gathered on your behalf, before submitting the claim.

What will impact the compensation amount in a Motorcycle Personal Accident Injury Claim?

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The amount of compensation you may be entitled to will depend upon:

  • whether you were at fault to any extent
  • the nature, severity and duration of your injuries
  • the impact the injuries have on your life and lifestyle
  • their effect on your earning capacity
  • the type and amount of treatment you need
  • whether you now need help to do the things that you otherwise could do for yourself (e.g. showering, dressing, shopping, cleaning, cooking, lifting, carrying, driving, gardening etc)
  • the impact on your recreational and social activities

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 Long Will My Motorbike Accident Injury Claim Take?

Within the Compulsory Third Party (CTP) insurance process, motorbike accident claims can take anything from 1 – 3 years depending on the insurer of the negligent party and whether they accept liability.

That being said, every case differs, and it is up to your lawyer to ensure you are kept up to speed on the progress of your case and how long it may take before you receive compensation.

At Motorlegal we are committed to ensuring your claim process is as smooth and hassle-free as possible. With our extensive experience in this industry, we can guarantee that you will be provided most professional legal support and guidance, from start to finish.

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

As your injury claim moves forward, your Motorlegal lawyer will keep you in the loop and makes sure you’re treated fairly from start to finish. With Motorlegal, you’ll always be dealing directly with a dedicated road accident lawyer.

Experience the Difference

When we’re satisfied that you have received a fair settlement offer, we will ensure that you will receive your injury compensation promptly to allow you to move on. And if you or your family and friends need us again, we’re here to help. This is what we do.
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Resources & Guides

Motor Legal - Bicycle Cyclist Accident Injury

A Guide to Bicycle Accidents and Injury Claims in Western Australia

Motor Legal - Physio Whiplash Injury

The Role of Physiotherapy in the Treatment of Whiplash Injuries

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What Types of Treatment Work for Whiplash Injuries?

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What Exactly is a Whiplash Injury?

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What Costs And Expenses Can I Recover After An Accident?

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Psychological Impact In Crash Claims

Motor Vehicle Personal Injury In WA_Perth

Motor Vehicle Personal Injury In WA – A Brief Guide To The Claims Process

Medical Evidence In Personal Injury Claims – What To Expect_claim

Medical Evidence In Personal Injury Claims – What To Expect

FAQ's

What makes Motorlegal different from other lawyers?

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.

What can Motorlegal do for me?

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.

How long does it take to settle a claim?

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.

If I call you, do you charge me for the advice?

No. Our initial advice is absolutely free. What you choose to do from there is up to you.

Can you help my passengers with thier claims?

Yes – even if you are the driver at fault.

If I am at fault for the accident, can I also get free legal advice?

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.

How much will it cost if I want you to represent me?

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.

Will I have to attend court?

Most claims settle without going to court and it is unlikely that you will have to attend.

Do I need to see you in person?

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.

How do I report an accident?

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.