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Who Can Claim Compensation for Injuries?
Anyone who, whether as a driver, rider, passenger, pillion rider, pedestrian or cyclist who has been injured where a motor vehicle (car or motorcycle) is involved may claim.
Will I Recover Compensation Even if the Accident was Partly my Fault?
Yes. However, negligence or partial negligence of the driver of a vehicle (whether another vehicle or the one you were travelling in) has to be established. This depends on the circumstances of the accident but you do have a claim for compensation even if the accident was partly your fault.
If I am a Passenger do I Claim Against the Driver of the Vehicle in which I was Travelling?
You do not have to unless your driver was the only one at fault.
If not, you will have to show that the driver of another motor vehicle was to blame for the accident.
You can avoid claiming against your own driver – call us on 08 9325 6133 for free advice.
When Should I Make This Claim?
Delay may jeopardise your claim.
It is important that you telephone us as soon as possible after the accident. We will advise you of your obligations and what you should not do and how to protect your claim.
Do I Have a Claim for my Medical, Pharmaceutical and Hospital Expenses?
Yes. Once the Insurance Commission of Western Australia (ICWA) has accepted liability and if the treatment is necessary in relation to your injury, ICWA will pay these expenses.
If your expenses are delayed or disputed, contact us for free telephone advice.
Can I Claim for Loss of Earnings and Personal (Carers, Sick) Leave?
Yes, this includes wages lost now and in the future, personal (carers, sick) leave and superannuation losses.
Sometimes you can also get your wages paid now instead of waiting for your whole claim to be settled. We can help you with this claim.
Can I Claim for Pain and Suffering, Loss of Enjoyment and Loss of Amenities of Life, Disfigurement, Mental Distress, Inconvenience and Permanent Disabilities?
Yes, all the above can be claimed as “General Damages”. However, there is a statutory deduction that applies in all claims. We will explain this to you at your first consultation.
Can I Claim Damages Arising out of the Death of a Family Member?
Yes. These claims, however, depend on whether you were financially dependent on that family member at the time of death.
What About Legal Costs?
We give you free phone advice on your claim. If you have any problems now, call us on 08 9325 6133 before the situation gets worse.
Your first consultation is free if you do not proceed with us. Normally we do not require payment of fees until the completion of your claim. We may even be able to help you with legal expenses (Court fees and medical report fees) while we help you make a claim.