Who pays after a crash in Western Australia
Road injury claims in Western Australia go through Insurance Commission of WA (ICWA) compulsory third party. It is fault-based: you claim against the at-fault driver’s ICWA policy, and a hit-and-run or unregistered driver claim still goes to ICWA.
What to do and when
Report the crash to police, notify ICWA as soon as practicable, and lodge a notice of intention to claim. Court proceedings must start within 3 years of the accident (6 years for children under 15).
What you can claim
Pain and suffering is only payable if your injury is assessed above 5% of a most extreme case, and it is capped (around $485,000 from July 2024, indexed). Income loss is capped at three times WA average weekly earnings.
Beyond that, claims cover past and future loss of income, medical and rehabilitation costs, care, travel and equipment. Catastrophic injuries from crashes in WA are covered by the no-fault Catastrophic Injuries Support Scheme (CISS), regardless of fault, with a 3-year application window.
Passengers, pedestrians, cyclists and motorcyclists
You do not need to have been driving, or to hold insurance yourself, to claim. Passengers, pedestrians and riders injured by a negligent driver claim against that driver’s policy, and schemes that pay no-fault benefits cover them too.
If the driver was unregistered or drove off
Every state has a nominal defendant or equivalent that stands in for an unidentified or uninsured vehicle. These claims have shorter notice periods, so report the crash to police straight away and get advice early.
What you can claim
- Medical, hospital, ambulance and rehabilitation costs, past and future
- Lost wages and lost future earning capacity, including superannuation
- Pain, suffering and loss of enjoyment of life, where the state threshold is met
- Care provided by family or paid carers, and domestic help
- Travel to treatment, equipment, and home or vehicle modifications
Evidence to keep
Claims are won on what can be proved. Keep:
- Police report number and the other driver’s details
- Photos of the scene, vehicles and your injuries
- Dashcam and CCTV, which is often overwritten within weeks
- Names of witnesses
- Every medical visit from day one, including GP notes
- Pay slips and a record of days missed
What happens when you call
We ask what happened, where, when and who was involved. If it looks like you have a claim we match you with a panel lawyer in Perth who handles car accident matters, and they call you for a free first consultation, usually within one business day. If your claim has merit it is run on a no win no fee basis with a written costs agreement before any work starts. If it does not, we will say so rather than waste your time.
How long it takes
Straightforward claims with clear liability often settle within 12 months. Serious injuries take 18 months to 3 years because your injuries have to stabilise before they can be valued, and impairment assessments cannot be done earlier. Interim payments for treatment and income are available under most schemes while the claim runs.
Common questions
Do I have to report the crash?
Yes. A police report is a practical requirement for every CTP claim, and in most states a legal one where anyone is injured. Report it the same day if you can.
Can I claim if I was a passenger?
Yes. Passengers claim against the at-fault driver’s policy, including where the driver of the car they were in was the one at fault.
What if I was partly at fault?
In fault-based states your damages are reduced in proportion to your share of the blame, but not lost. No-fault schemes pay statutory benefits regardless.
What if the other driver was uninsured or drove off?
Every state has a nominal defendant or equivalent that stands in for unidentified or unregistered vehicles. Notice periods for these claims are shorter.
How long do I have in Western Australia?
Report the crash to police, notify ICWA as soon as practicable, and lodge a notice of intention to claim. Court proceedings must start within 3 years of the accident (6 years for children under 15).
What is my claim worth?
Pain and suffering is only payable if your injury is assessed above 5% of a most extreme case, and it is capped (around $485,000 from July 2024, indexed). Income loss is capped at three times WA average weekly earnings.
In more detail
Full guide to car accident claims in Western Australia
If your life or the life of a loved one has been affected by a motor vehicle accident we can help. Our specialist car accident lawyers servicing Perth and greater Western Australia handle all claims on a no win no charge basis.
Either way, if you're unhappy with your current car accident law firm, have been made a low ball offer, or simply need a second opinion, feel free to give our local team of specialists a call on 08 6206 8080 for instant clarification.
Why make your motor accident compensation claim with us?
Millner and Knight are one of Perth's and WA's leading road accident injury companies so if you've been wronged on the road, we can make things right. Besides helping you recover monetary compensation, the support we offer our clients goes far beyond making a claim.
1. Free and immediate legal advice
Road accidents happen fast which often leave people hurt and confused. It may be the case that you're unsure who's at fault for the incident or are being pressured into admitting liability by another party. If you are in a similar situation it's important to speak to a lawyer before making a report because even if you think you were to blame, in strictly legal terms you might not be.
2. Medial treatment, physio and rehabilitation support
Getting the right treatment and care after an accident is not only crucial to making a full recovery but also an important part of the claims process. Having your injuries properly diagnosed and assessed by experts in the field will ensure that you receive adequate compensation for the suffering you have already or expect to endure later down the track.
3. Accident replacement vehicles and crash repairs
If your car has been damaged beyond repair or is stuck in the repair shop waiting to be fixed we understand how this can be impacting your ability to earn a living. Through our wider partnerships, we can help you get back on the road after an accident that wasn't your fault in a no-charge replacement vehicle.
What are the requirements to make a motor vehicle accident claim in WA?
Generally in Perth and Western Australia, you can make a claim if:
- you were injured in the last three years and
- someone else was to blame (even partly).
You may also be eligible for compensation if you have suffered catastrophic injuries as a result of a motor vehicle accident. If this is the case, and your injuries meet the required thresholds, we might be able to help you claim regardless of fault.
What type of road users can claim
Compulsory Third Party (CTP) insurance in WA is provided by ICWA and covers you for a number of accident types, which include:
- Drivers injured in road accidents where another party were at fault
- passenger injured in collisions with other road users
- drivers injured due to adverse road conditions
- pedestrians hit by other road users
- passengers injured in a single-vehicle accident
- motorcyclists hit by another road user or injured by defective road conditions
- pedestrians, passengers or drivers injured as a result of a hit and run
- cyclists involved in no-fault accidents with other parties
- witnesses to motor vehicle accidents
- patrons of taxi's or rideshare companies such as Uber, Ola and DiDi
- claims on behalf of a loved one resulting from serious, catastrophic or fatal accidents
How to start your claim
The best way to start your claim is to give us a call however, you can also start your accident compensation claim online, just enter your details into our secure online claim form.
Some of the information we will need includes:
- Your name and contact details for communication purposes
- When the accident happened or when you first noticed there was something wrong
- Where the accident took place
- Did you visit your GP or go to the hospital
- A police report if there is one
- Details about the driver or entity you think are responsible for your accident
- Evidence or names of any witnesses you believe could support your claim
Don’t worry if you don’t have all this information to hand when you call us because we will help you obtain it if need be.
Once we have these details we will:
- Find out whether or not you are eligible for compensation
- Arrange for independent medical reports to support your claim
- Evaluate if you need further medical treatment or rehabilitation
- Let you know how long your claim will take and how much your compensation claim could be worth
- Keep you informed through every step of the process
- Answer your phone calls promptly.
- Match you with the right lawyer for your case so you get every bit of compensation you deserve.
What Happens Next?
- Your lawyer will notify the other party with the details of your claim which will either be accepted or rejected. If your claim is rejected, your lawyer will continue to work to prove your claim.
- Negotiations with the third will begin until an offer is made. If an offer is made, you will need to decide if the offer is sufficient or not. If you are unsure you can always ask your lawyer.
- Your case should be settled without going to court, however, if your claim cannot be settled out of court, your lawyer will guide you through the litigation process.
- The last part of the process is where you either accept an offer from the other party or it’s awarded by a Judge.
Our legal panel will complete most of the paperwork on your behalf, but we may ask you from time to time to check and sign any relevant paperwork.
What can you claim?
If you were injured in an accident then you may be able to claim the following:
Finacial compensation
Finacial compensation is designed to help restore a plaintiff back to their former self as much as possible. It can never take away the injury and the shock, but it can help cover the costs associated with your injury, allowing you to gain the treatment you need to recover. This includes:
- Compensation for the inability to work
- Pain and suffering
Depending on your individual circumstances, besides monetary compensation you may be entitled to claim for the following:
Medical treatment and support
- Ambulance costs
- Hospital Services
- Medical Services
- X-Rays
- Prescription Medication
- Dental Services
- Rehabilitation Services
Aftercare services
- Home Care
- Medical Aids
- Therapy Services
- Household Support Services
- Mobility Equipment
General
- Travel
- Unpaid care from a family member or friend
Would you like to calculate your compensation online without speaking to a solicitor?
Can you lodge your own motor accident claim?
Many people choose to lodge their own claims after suffering injuries in a car or motor vehicle accident in Perth and WA so the short answer is yes, you can.
To get the ball rolling with your claim you should follow the following three steps:
- Complete an online crash report on the insurance commission of WA’s website
- Get in touch with the insurance commission and ask them for a claims form
- Complete any of the relevant paperwork and return it to them
It's important to submit your claim as soon as practically possible after your accident as there are strict timeframes associated with claims in WA set by the Limitation Act 2005.
Please note: When making a claim, you are legally entitled to engage a specialist car accident lawyer to represent you. Your lawyer will be able to guide you through the claims process and ensure that no stone is left unturned when calculating the value of your claim. It's also worth noting that most of your legal costs will be paid by the insurance company too.
Quick facts about motor vehicle accidents in WA
- As of 2021, according to the most recent data, there were 28,037 crashes reported to main roads.
- The states third party insurer received 11,300 motor injury insurance claims
- Millner and Knight have a specialist legal panel who can help you maximise your entitlements.
- Failure to lodge claims in time may result in you losing your right to financial compensation.
- Most matters are settled within 3 years without having to go to court.
- Lodging your own claim is possible however numerous case studies show that people with independent legal representation receive far more compensation.