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Car Accidents Western Australia

When a car accident occurs in Western Australia, where the vehicle at fault for the accident is registered in Western Australia a claim is made against the Insurance Commission of Western Australia (ICWA).

Where the vehicle at fault for the accident is not registered in Western Australia then the claim will be made against the insurer in that state e.g. In Victoria the claim will be against the Transport Accident Commission. If the car was registered in New South Wales or Queensland then the claim will be made against the Compulsory Third Party insurer of the vehicle which could be one of a range of insurers.

What can I claim?

If you have been injured in an accident that is not your fault then there are a number of things that you can claim for, they include:

Special Damages:
Treatment expenses – both past and future;
Pharmaceutical expenses – both past and future;
Domestic assistance/service costs – both past and future;

General Damages:
Pain and suffering;
Loss of enjoyment of life;
Stress;
General damages are impacted by the following factors:
How severe your injuries are and how long they take to heal;
The impact that the injuries have on your life;
Your age;
Whether you have any pre-existing conditions that may impact on your accident related injuries.
There is a threshold that needs to be met in order to claim general damages.
Income Loss:
Past and future to cover you for any future disadvantage that you might have;

Limitation Periods

It is important to seek legal advice as soon as possible after a motor vehicle accident in order to comply with any time limits that apply.

The most important time limit to consider is that Court proceedings must be commenced within 3 years of the date of the accident otherwise your claim will be statute barred.

If you were under the age of 18 at the time of the accident, different time limits may apply depending on your age at the time of the accident.

Claim Process

  1. Claim form submitted to the relevant insurer
  2. Insurer determines whether claim is accepted (e.g. has it been submitted to the correct insurer)
  3. Injured person obtains recommended treatment (insurer may pay for some of this treatment)
  4. Insurer commences investigations to determine who is at fault for the accident
  5. Obtain medical evidence in relation to the impact of your injuries including the physical and financial impact in the past and the future.
  6. Assessment made as to the value of the claim
  7. Settlement negotiations commence with the insurer
  8. Settlement conference may be required
  9. If claim does not settle at the settlement conference the Court proceedings may need to be commenced.

THAT’S ALL GOOD BUT WHAT CAN I EXPECT FROM SINNAMON LAWYERS

State legislation prevents us from telling you more about ourselves on this page and we would ask that you have a look at the Why Choose Us page on which we are legally able to tell you what to expect from our services and to give you the reasons to choose us as your legal team. Please access that page and also feel free to contact our principal, Robert Sinnamon directly to discuss how we can look after you even if you are considering another law firm.

We're here to provide advice

To find out if you are eligible for compensation, please contact us either by submitting an online enquiry via the form on this page or by calling us.

  • Do I have a claim?

    Generally claims can be made by not at fault people involved in accidents when there is a person who can be identified as the at fault party.

  • Do I have to pay money to talk to a lawyer?

    No, you can talk to us about any claim in an initial consultation for free. We act no win no fee when we take on your case so we only get paid at the end.

  • How long will my claim take?

    Generally between 12-18 months as it take this long for people to reach maximum medical improvement. We can then assess how much a claim is worth.

  • What if my claim is unsuccessful?

    You will pay us nothing. Our costs and outlays are no win no fee.

  • Who pays the compensation?

    Insurers are known as licenced insurers for car accident claims. WorkCover usually looks after work accident victims and there are a multitude of insurers for public liability and total and permanent disability claims.

Please contact me regarding an accident

You can call us on 1800 007 277 or complete the attached form and we will call you almost immediately.

If you would like to tell us a bit more about your accident before we call you, please use the online enquiry form.