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A person does not have to be totally and permanently disabled to make such a claim, which arises under an insurance contract.

The Insurance Contracts Act and the insurance policy govern such claims.  A person who has an insurance policy covering total or partial disability is entitled to make a claim under the policy according to the terms of that policy.  The claims most often relate to a medical condition which prevents the person from returning to work or from undertaking any work that that person may have been able to do bearing in mind that person’s education training and experience.

The right to make such a claim depends on the express wording of the insurance policy and the entitlement in limited to the policy benefits.

If you wish to pursue your claim, it is important that you act without delay.  It may be too late to act if you wait until your injuries have stabilised.  Changes have been made to the law in Western Australia which have, in many cases, halved the time you have to bring a negligence claim.