Who can claim personal injury compensation for a motor vehicle accident?
A person who is injured, or a family member of a person who was fatally injured, in a car accident, motor cycle accident, truck accident, bicycle accident or as a pedestrian in Western Australia may be able to claim compensation for injuries suffered as a result of that accident under the Motor Vehicle (Third Party Insurance) Act 1943.
A person who is injured as a result of a motor vehicle accident is entitled to make a personal injury claim even if they can’t identify the name of the driver at fault or if the driver at fault is deceased.
The Insurance Commission of Western Australia
The Insurance Commission of Western Australia (ICWA) runs the Motor Injury Insurance Scheme in Western Australia. The Scheme was set up by the State government to provide personal injury compensation for people who are injured or who die as a result of motor vehicle accidents.
A person who has been injured as a result of a motor vehicle accident must notify the ICWA in writing of their intention to make a claim as soon as possible after the accident.
What can you claim?
If an injured person can show that the owner or driver of a vehicle (other than the injured person) was partially or completely at fault, the injured person may be entitled to recover compensation for personal injuries.
The aim of awarding compensation for personal injuries is, as far as possible, to put the injured person in the position they were in before the accident. An injured person may be able to claim for the following:
- Reasonable hospital, medical and rehabilitation expenses.
- Loss of past and future capacity to earn an income (eg. loss of wages and superannuation).
- An allowance for pain and suffering.
- Travelling expenses relating to hospital, medical and rehabilitation treatment.
- Homecare services.
- A contribution towards legal costs.
It is important to note that if an injured person does not commence court proceedings within 3 years of becoming aware of their injuries (generally this is the date of the accident) they may be legally barred from pursuing a claim. If a person is under 18 years of age at the time they first became aware of their injuries, different limitation periods will apply depending on the person’s age.
Have you or someone you know been injured in a car accident in Western Australia? We have experienced lawyers who can help you through the claim process. Contact us on (08) 9228 2881.
Disclaimer – The articles provided by Equitas Lawyers are for general information only. While every care has been taken in preparing these articles, they are intended to be a guide only, and no warranty is given as to the accuracy, currency or completeness of the information contained in them. The articles are not intended to be, nor should it be, relied upon as a substitute for legal or other professional advice. Formal legal advice should be sought in particular matters.