Have you sustained an injury from a car accident in Western Australia? This can be a stressful thing to go through, so we’ve compiled some key points about seeking compensation for your injuries.
Third party personal injury insurance
Every motor vehicle in WA must have third party personal injury insurance. It is compulsory and each vehicle that has been registered or licensed in the state will have it. This means that if there’s a motor vehicle accident where a driver is at fault, the third party insurance will cover the injured parties. These claims are managed by the Insurance Commission of Western Australia (ICWA).
Third party insurance – who is covered?
Anyone who is injured in a vehicle accident because of the fault of another driver will be able to claim on third party insurance. But instead of claiming against the driver at fault, the claimant must contact the ICWA to make the claim.
Can everyone claim from the ICWA?
Just because you may have sustained an injury in a car accident, it doesn’t necessarily mean you automatically have a right to claim compensation. You need to be able to prove negligence on behalf of the other driver.
What happens if you’re partly to blame for a car accident?
You can still claim compensation if your injuries were partly your fault. For example, if you weren’t wearing a seatbelt. However, you may not get the full amount of compensation you could have received if you weren’t partly at fault.
What if isn’t clear who is at fault?
Sometimes a car accident can happen so quickly it’s difficult to know who caused it. This doesn’t mean you shouldn’t make a claim. Take steps to discover what happened and who was at fault, and in many cases you may still be able to claim compensation.
What if the other vehicle isn’t licensed in WA?
If the vehicle is from another state, you can contact the ICWA to claim with the third party insurer from their state. The ICWA will inform you on how to proceed with this.
What if the vehicle that was at fault wasn’t licensed?
This can happen, but don’t despair. In some cases, you can still contact the ICWA to make a claim.
How do you proceed with your claim?
If you’ve been injured in a car accident, you should contact the ICWA as soon as possible to let them know as there are time limits for claims. If the ICWA gives you an offer to settle the claim, you should get legal advice on how to settle. The same can be said for if the ICWA refuses you.
In some cases, you might want to make a common law claim by going to court for your compensation. In this scenario, you need to be certain that you can prove your injuries were sustained by the negligent driver.