Motor Vehicle Accident Claims
Injured in a motor vehicle accident and made a claim?
If you have been injured in a car, motorcycle or bicycle accident, whether as a pedestrian, rider or passenger, due to another person’s negligence, our Personal Injury Lawyers may be able to help you to receive compensation for your injuries and loss.
In respect of claims involving a car or motorcycle, claims are generally made against the Insurance Commission of Western Australia (“ICWA”). To commence your claim, you will need to notify the ICWA of your intention to claim. If you’re unsure what to do following a motor vehicle accident, speak to our team of Road Accident Lawyers at Dwyer Durack. We’ll provide you with advice and assistance regarding the legal matter.
You may be approached by an investigator in relation to your accident. We recommend that you seek legal advice before speaking with an investigator, before signing any statement relating to the accident and before accepting any offer of settlement made to you.
In most circumstances, motor vehicle accident claims can be resolved through negotiations at a settlement conference with the ICWA. Legal representation is highly recommended for settlement conferences to ensure you receive your maximum entitlement.
Located in Perth, Dwyer Durack’s team of Personal Injury Lawyers focus on maintaining cost-effective legal representation and can negotiate on your behalf with the ICWA to ensure matters are resolved without the need to go to Court.
In the event that you are partly at fault in an accident, you may still be eligible to receive a lump sum settlement, compensation and payment for medical expenses. We recommend you seek legal advice as soon as possible after the accident and before signing any statement or giving an interview to an investigator dealing with the investigation.
How long do I have to make a claim?
You must lodge your claim within 3 years from the date you became aware of your injury, generally speaking, the date the accident occurred. For minors under the age of 18, limitation periods vary depending on age. If you fail to commence a claim within the limitation period, you may lose your right to do so.
The ICWA has discretion to pay your medical bill and assist you with loss of earnings when you are unable to work as a result of the injury you have sustained. In most cases, when your claim is successful, compensation will be paid in the form of a lump sum at the conclusion of your claim.
It is important that you collate medical evidence of your injuries to support your claim. You will need to obtain reports from your treating doctor which outline the progress of your treatment and recovery.
You have a legal obligation to take all reasonable steps to recover from your injury.
All reasonable steps include:
- Having any recommended medical treatment;
- Participating in any recommended rehabilitation treatment; and,
- Returning to work or trying to obtain employment.
Who will pay for my medical expenses?
By law, you are liable to pay your own medical accounts. The ICWA will consider payment in the following circumstances:
- When liability has been accepted or agreed;
- The treatment is reasonable; or,
- Your injuries are directly related to your motor vehicle accident
It is important to note that payments are capped. Contact our Personal Injury Lawyers today to discuss how much of your medical expenses will be compensated.
Copies of all accounts and receipts must be provided to the ICWA.
If liability for your claim is denied, you will be personally responsible for all your expenses.
Areas of Personal Injuries we specialise in:
- Motor Vehicle Accident Claims
- Medical Negligence
- Public Liability
- Fatal Accidents and Wrongful Death
- Veterans’ Entitlements Act Claims
- Total & Permanent Disability Claims
- Insurance Claims & Salary Protection
- Criminal Injuries Compensation