MOTOR VEHICLE ACCIDENT LAWYERS

MOTOR VEHICLE ACCIDENT LAWYERS2019-02-11T07:29:47+00:00

Only dedicated, experienced, specialist family law lawyers will have the conduct of your matter!

We do not delegate your important matters to articled clerks or para-legals like some firms do. We have never believed in this as it simply duplicates work and increases costs.

Only an experienced and dedicated personal injury lawyer will have the conduct of your matter!

Friedman Lurie Singh & D’Angelo specializes in helping persons injured in motor vehicle accidents. We have been doing this work since the 1980’s and are well known in this field. We have many, many happy clients who have received their entitlements with the support of our specialist services.

Free Phone Advice

Call us on 08-9254-0000 for free no obligation phone advice. We are here to help you!

Who is Friedman Lurie Singh & D’Angelo?

We are an experienced and trusted firm of lawyers based in Perth with five offices across the metro area.

We have specialists in several areas of law including family law, personal injury law, criminal law, commercial and civil law.

Call us on 08-9254-0000 or complete the form on this page to submit your enquiry online. We respond to most online requests in one business day or less.

I’VE BEEN INJURED IN A MOTOR VEHICLE ACCIDENT – WHAT DO I DO? DO I HAVE A CLAIM?

The Insurance Commission of WA (‘ICWA’) is WA’s only Compulsory Third -Party Insurer which manages all personal injury claims resulting from motor vehicle crashes that involve a WA licensed vehicle.

As soon as you are involved in a motor vehicle accident (‘MVA’) and you have sustained injuries, you must report the accident to ICWA by completing the ‘Online Crash Report Form’ on ICWA’s website.  You should report the accident without delay and seek medical advice immediately if appropriate.  ICWA will then investigate the circumstances of the accident and will either (formally or informally) admit liability 100%, admit partial liability based on contributory negligence or deny liability.

Quite often we receive phone calls from people who have been injured in an MVA and believe they automatically have a claim with ICWA.  This is not the case. A claim must be made by the injured party.

ICWA will only formally accept 100% liability for an accident when the accident was caused through the negligent driving of a party whose vehicle is registered in WA.  If the vehicle of the other driver was registered in another State/Territory you will need to contact the relevant Compulsory Third Party insurer in that State/Territory and report the accident.

You can, of course, have a WA personal injury lawyer acting on your behalf for your interstate claim, it just means ICWA will not be the relevant insurer involved.

If you are a passenger in a vehicle which is involved in a motor vehicle collision motor vehicle and you are injured, ICWA will almost always accept liability for your claim.

If you are a pedestrian or a bicycle/motorbike rider who is injured due to another driver’s actions, you have the same rights to make a claim as somebody who is an injured driver.

Sometimes ICWA will informally admit liability. Liability is admitted informally on a ‘without prejudice and without admission of liability’ basis, usually when the other driver has been charged with a criminal offense in connection with the accident (for example, driving a stolen motor vehicle, driving under the influence or running a red light). ICWA has a right of recovery against that party.

Liability may also be informally admitted when the other driver does not return ICWA’S ‘Authority to Admit Negligence’ and ICWA believes their insured caused the accident.

If the accident occurs as a result of a person driving a motor vehicle for the purpose of committing a crime, for example, a person intentionally runs over you in a motor vehicle, not only may you have a claim with ICWA, you may also have a claim for criminal injuries compensation.

In order to be eligible for criminal injuries compensation, the driver must be charged/convicted of the offense of dangerous driving causing grievous bodily harm.

If ICWA concludes you contributed to your injuries, it may only accept partial liability. For example, ICWA may argue contributory negligence if at the time of the accident:

  1. you are not wearing a seatbelt – as, if you had been wearing a seatbelt, your injuries may not have been so severe;
  2. you were speeding – even if you in no way caused the collision as your injuries may not have been so severe if you had not been speeding; and
  3. you were a pedestrian crossing a road and you didn’t look properly before crossing – quite often ICWA only accepts 50% liability or less on the basis that the person was negligent for not taking reasonable care for their own safety.

ICWA may completely deny liability if their investigations reveal the MVA was caused due to the persons own negligent actions. Putting it simply, if you caused the accident, you have no claim. WA does not operate on a ‘no-fault’ scheme like some other jurisdictions, so the accident must be due to another driver’s fault.

The only exception we have ever seen to this is when an MVA is caused as a result of a Kangaroo jumping onto the road into the path of an oncoming vehicle. If you crash due to hitting a Kangaroo, you may have a claim with ICWA.

We also often receive telephone calls from people who have had an MVA where no other vehicle was involved and the person believes the accident occurred due to the particular conditions of the road, for example, excessive rubble on a rural road, road works which have no warning signs displayed or cracks/dents/potholes in a road causing motorbike riders to lose control and crash.

If you are injured in an MVA due to poor/ unsafe conditions of a road, you will not have a claim against ICWA as no other driver was at fault. Instead, you should consult us and seek advice in relation to proceeding with a public liability claim against the Council responsible for maintaining/controlling the road.

If ICWA admits liability or partial liability your compensation will be made up of the following ‘heads of damages’:

  1. general damages for pain, suffering, loss of enjoyment of life and inconvenience (it is important to note currently there is an $18,000.00 deductible threshold which means your injuries must be severe enough to exceed this threshold to entitle you to receive compensation for your general damages);
  2. medical expenses;
  3. future medical expenses;
  4. loss of earnings;
  5. future loss of earnings;
  6. past and future superannuation;
  7. gratuitous assistance from family/friends; and
  8. traveling expenses.

If you have been involved in an MVA and you are unsure whether you have a claim or what to do, do not hesitate to contact one of our personal injury lawyers at Friedman Lurie Singh & D’Angelo on 9254 0000.

It is important that you act quickly after an MVA as delay could seriously prejudice or defeat your claim.

Who Can Claim Compensation for Injuries?

Anyone who, whether as a driver, passenger, rider, pillion – passenger, pedestrian or cyclist who has been injured where a motor vehicle (car or motorcycle) is involved, may claim compensation.

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 traveling in) must 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?

The claim is made through the Insurance Commission of Western Australia. All registered vehicles in Western Australia have insurance cover that indemnifies drivers of vehicles who are liable for personal injuries sustained by the driving of a motor vehicle. There is case law on what constitutes “driving”.

A family member or friend who may be the driver who causes the accident in usual circumstances will not be personally liable if an injured person makes a claim. If you are concerned about making a claim because of this, please call us on 08 9254 0000 for free advice.

When Should I Make this Claim?

Notice in writing prescribed by regulation of your intention to make a claim must be given as soon as practicable after an accident. Failure to do so is likely to jeopardise your claim.

There are further limitation periods, depending on the situation, preventing a claimant from pursuing their entitlements.

See us immediately you have been in an accident for FREE initial advice.

WARNING

If you are 18 years old or older at the time you injure yourself in a motor vehicle accident, then you only have 3 years from the date of the accident to either settle your claim or commence legal proceedings.

Should you not settle your claim within 3 years and should you fail to commence legal proceedings within 3 years, then you will lose all your rights and entitlements to claim damages for your injuries. Varying periods between 3 and 6 years apply to those under 18 years of age.

Other time limits may apply – see us as soon as possible after any accident.

Do I Have a Claim for my Medical, Pharmaceutical and Hospital Expenses?

Yes. Once the Insurance Commission of Western Australia has accepted liability and if the treatment is necessary for your injury, it will pay for the reasonable cost of these expenses.

If your expenses are delayed or disputed, contact us for FREE telephone advice.

Can I Claim for Loss of Earnings and Sick Leave?

Yes, this includes past and future wages, sick leave and superannuation losses.

If you are suffering from financial hardship due to your inability to work, then instead of waiting until settlement of your claim to get paid loss of earnings, our specialist personal injury lawyers can apply on your behalf to obtain from the Insurance Commission of Western Australia an advance payment for loss of earnings. This will assist you on an interim basis and relieve you of financial hardship whilst your claim is pursued.

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 may be claimed. However, there is a statutory deduction that applies to all claims. We will explain this to you at your first consultation.

It is very important that when you do see any medical practitioner you inform them fully of all your ongoing pain, suffering, and discomfort and how your injuries affect you in your everyday life in terms of your social, sporting, recreational, household and work activities.

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 initial phone advice on your claim. If you have any queries now, call us on 08 9254 0000. If we agree to act for you, we will explain the costs of representing you and provide you a costs agreement as required by law.

Your first consultation is FREE if you do not proceed with us.

Usually, we do not require payment of any fees until the completion of your claim. You will, however, be liable for out-of-pocket costs incurred during your matter. We may, (subject to certain conditions) be able to assist you with some or all these expenses (usually Court fees and medical report fees) while your claim is continuing. We will discuss this with you.

If there is no successful outcome of your claim and we are not able to achieve an offer of settlement for you then you will not have to pay us any legal costs at all.

Do I Have to go to Court to get a Settlement?

No. The majority of claims (it is estimated something in the order of 90%) are settled without the necessity of going to Court.

Do you Know What your Claim is Worth?

We have found in the past that injured persons rarely have any idea of what their claims are worth.

Our many years of experience enables us to give you guidance on this.

Our Legal Team

Most of our lawyers have in excess of 20 years’ experience each in dealing with motor vehicle accident claims. This will ensure that you receive the best possible specialist legal representation to enable you to achieve the best results.

This is what one of our very satisfied clients says:

“I would like to express to you and your team my most sincere appreciation for all your hard work in the successful completion of my claim. You and your team conducted yourselves with compassion and professionalism during the most difficult time of my life. My family and I will be forever grateful to you all as our future is now financially secure” – S.W. & Family

See our testimonials page for hundreds of more happy clients.

Phone us on 08-9254-0000 to schedule a consultation. *Special rates for new clients may apply. Ask your lawyer!

CALL US NOW

Why you should Contact Us

We have 5 conveniently located offices in Perth, Jindalee, Joondalup, South Lake, and Rockingham to more effectively assist you.

You do not need to come into town to see us! We are in your local area for your convenience!

We have a dedicated team of specialist family lawyers who love their involvement in law and who pride themselves in providing good quality legal services at a competitive price which we have been doing since 1989.

Only dedicated, experienced, specialist family lawyers in Perth will have the conduct of your matter!

We do not delegate your important matters to articled clerks or para-legals like some firms do. We have never believed in this as it simply duplicates work and increases costs.

For all your family law enquiries, call us for a FREE no obligation telephone consultation on 08 9254-0000 or submit an online enquiry using the form below. We respond to most enquiries within 1 business day.