How To File A Claim For A Motor Vehicle Accident?

December 2, 2022    Personal Injury Lawyers Perth
How To File A Claim For A Motor Vehicle Accident?

Whether you are a passenger, driver, or pedestrian, you will always hope that the roads in Western Australia remain safe for all. But unfortunately, accidents, especially motor vehicle accidents, can occur at any place and at any time. During 2015, there were more than 160 deaths and 170 major injuries caused by road crashes.

If you or any of your family members/friends have been the victim of any injury in any motor vehicle accident, you must know what you are allowed to receive. If you are looking for car accident lawyers in Perth or need more information on vehicle accident compensation in WA, check the guide below.

Who Will Be Able To Make A Motor Vehicle Accident Claim?

In Western Australia, it is important that you opt for third-party personal injury insurance. This will help to ensure that every registered vehicle in WA and the licensed driver is insured against injuries caused due to other people’s negligence. But since July 2016, the cover has been expanded to serve the people of Western Australia better.

The changes are mostly about various catastrophic injuries and ensure that people who have been badly injured in WA due to motor vehicle accidents will be provided the cost of care and treatment throughout the rest of their lives. Before hiring a car accident lawyer, you must know that you can make a claim if you have been injured in a car accident as any passenger, pedestrian, or driver.

You can only make a proper claim if the crash or accident resulted due to part or full negligence of the other driver or vehicle owner. You can consider this true whether or not you were also partly at fault for the accident. If your close relative or family member was injured, you would also be entitled to compensation claims.

How Are The Claims Made?

The compensation claims are made directly against the Insurance Commission of Western Australia or ICWA. It is ideal for you to work with a reputed and experienced lawyer in your area to decide whether or not you made a proper claim. They can also provide much-needed assistance to you to improve your chances of getting compensation.

The first step that you must follow is to file a Notice of Intention to Claim quickly following the motor vehicle accident. You can take the help of the best motor vehicle accident lawyers Perth, and they will lodge the claim on your behalf. The viability of any claim begins with determining which person is at fault in the accident.

The ICWA is known to operate its own investigation to establish who is at fault. You will not be entitled to any compensation claims in WA if you are fully responsible for the crash. But if you are partly at fault, you might still receive compensation through your payout will be reduced to a great extent. Some of the examples of partial faults consist of failure to wear a safety belt, driving at an inappropriate speed, or not wearing helmets.

What Can You Claim?

Motor vehicle compensation in WA can help you cover the costs due to your injury. You can easily claim for the following:

  • Medical expenses that include rehabilitation costs and hospital bills.
  • Compensation for pain, suffering, trauma, and much more.
  • Compensation for loss of enjoyment in life.
  • Future treatment expenses.
  • Loss of future or past earnings or the ability to earn more money.
  • Future treatment expenses.
  • Costs that are linked with care, such as a housekeeper, home carer, and much more.

If any of your close relatives were killed or injured in any motor vehicle crash, you might be entitled to compensation such as:

  • Loss of financial support.
  • Service costs associated with funeral.
  • Others.

How Do You Make An Accurate And Effective Motor Vehicle Accident Claim In WA?

If you wish to make an effective and accurate accident claim, you must do so within the legal time period (3 years from the time of the accident). You also must ensure to submit a complete and detailed application form. You can also take the help of an experienced lawyer who can help you achieve the best outcome.

What Are Some Catastrophic Injuries As Per Australian Law?

As per the law, some examples of catastrophic injuries are as follows:

  • Spinal cord injuries
  • Specific amputations
  • Severe burns
  • Permanent blindness
  • Traumatic brain injuries

Do Any Kind Of Time Limits Apply To Motor Vehicle Injury Claims?

Yes, time limits apply based on your age and the claim you are making. You can also opt for legal advice for your situation. If you have not lodged your claim within three years from the date you initially became aware of your injury. You may be legally barred from making any kind of claim.

If you lodged any claim with Western Australia’s Insurance commission, but it did not get settled within three years from the time you became aware of the injury, you can begin court proceedings to preserve your claim. This is when it is important to have the matter decided by the court.

What If You Do Not Know Who Caused The Accident?

Even if you do not know who caused the accident (for instance, a hit-and-run accident). You will still be able to make a claim. But you must take proper steps to find out who caused the accident.

What Is The Top Most Thing To Do When Someone Is Injured In A Motor Vehicle Accident?

Suppose you are the driver or owner of a vehicle involved in the accident or there is someone who suffers an injury. In that case, you must report the accident to the Insurance Commission of Western Australia as fast as possible. You can also report the crashes at relevant websites.

Contact Personal Injury Lawyers Perth

If you seek any form of compensation from a motor vehicle accident, contact Personal injury lawyers Perth. They are one of the best law firms that can provide you with the best lawyers capable enough to help you file a claim and ensure that you get the compensation you deserve.

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