Guide To Car Accident Compensation in Western Australia

Between 2018 and 2022, the Western Australia Road Safety Commission estimates that there were 114,847 reported vehicle crashes in Perth alone.

Road accidents are all too common, and they range from fender benders to major incidents in which the people involved suffer catastrophic injuries (such as brain injury).

When you’re injured in a car accident in Perth or somewhere else in WA, whether it’s your fault or not, you may be entitled to receive compensation that will cover medical costs, loss of earnings, and even costs associated with treating emotional distress. 

This article will answer the most frequently asked questions (FAQs) on car accident compensation processes and guidelines in WA. By the end, our readers will have absorbed the following key takeaways:

• What car accident compensation is in Western Australia
• Who can make a claim, as well as what is eligible to be claimed
• How to file personal injury claims

What is car accident compensation in Western Australia?

Motor vehicle accident compensation is the monetary compensation that is due to someone who has been involved in a vehicular accident and can claim that they were injured or harmed in some way as a result.

Every person driving in Perth and elsewhere in the state is required by law to have Compulsory Third-Party Insurance (CTP). CTP covers personal injury claims and is managed by a statutory corporation called the Insurance Commission of Western Australia (ICWA).

WA is one of two states in the country that require you to legally prove that you weren’t at fault in the accident before you receive compensation. This is what is known as an at-fault scheme. If you were partially or fully to blame for the accident, then you will receive considerably less compensation.

Who can make a car accident compensation claim in Western Australia?

These are the types of people who can make a motor vehicle  accident claim in WA: 

•   Drivers
•   Passengers
•   Cyclists
•   Pedestrians

Basically, anyone who was directly involved in a vehicle accident, even if they themselves weren’t in a car, can make a claim. Furthermore, you can make a claim even if the accident was your fault or if it’s unclear who was at fault. But in the former case, you should expect to receive less compensation.

What Is the motor vehicle accident claims process in WA?

Once a motor vehicle accident occurs, the individuals involved should follow these steps to file a claim:

• Step 1: File a police report within 28 days after the accident occurred. If the police do not arrive at the scene of the incident, the drivers and/or owners of the crashed vehicles should report the accident at https://www.crashreport.com.au/ocrf/ .
• Step 2: Ask the other drivers involved in the accident for their insurance information, along with ways to contact them (i.e., phone number and/or email address).
• Step 3: Go to the official Western Australia ICWA website and fill out an injury notification form. You can also request reimbursement for any medical costs that you’ve already paid to treat your injuries.

After you file your claim, ICWA will investigate the crash. It is ultimately the responsibility of the District court to determine your liability as well as what compensation you’re entitled to. There is however a procedure known as a pre-trial procedure whereby parties can use court procedures to negotiate and settle a claim. Parties may also be able to enter into informal settlement discussions before a matter is taken to court.

How long do you have to make a motor vehicle claim?

You have three years from the date of the accident to make a motor vehicle claim in Perth or anywhere else in WA. After that, you may not be able to make the claim and may not be compensated for any injuries that you sustained.

What can I claim when making a car accident injury claim in Western Australia?

When making a car accident injury claim, you’re not limited to physical injuries. Here are the common types of motor vehicle accident injury claims that you can make: 

•   Physical injuries
•   Loss of earnings due to not being able to return to work right away (or ever)
•   Pain and suffering, including PTSD, anxiety, depression, and loss of enjoyment of life

Motor vehicle compensation payout guide for Western Australia

In this section, we’ll discuss some of the most pressing questions that drivers in Perth and WA have about motor vehicle compensation payouts.

What is the average payout for a motor vehicle accident claim in WA? 

There is no average payout for a motor vehicle accident claim. Payouts vary widely depending on the severity of the incident, the severity of the injuries incurred, who was at fault, etc. However, in 2022, ICWA paid out $511,351,953.45 for crash-related costs.

Who is responsible for paying motor vehicle compensation payouts?

ICWA oversees payouts for motor vehicle compensation claims. If one of the drivers is at fault in the accident and meets certain requirements, then they may be responsible for paying the other party’s claims out of pocket to the insurer.

Examples of successful Western Australian motor vehicle compensation payouts

Our client, a shop assistant, was the passenger on a motorcycle taking a scenic drive through the South West. The motorcycle which they were on was clipped by another motorcycle on a sweeping bend in the road, causing both motorcycles to crash. Our client sustained injuries to their knee. LHD Lawyers managed to secure the payment of their considerable hospital expenses as well as a lump sum settlement of $775,000.

For more case studies, visit our motor vehicle compensation payout hub.

Make a motor vehicle accident claim WA today

If you have been in a motor vehicle accident in Western Australia, LHD’s car accident lawyers in Perth and other areas of WA, can help you receive the benefits you’re entitled to. We are so sure of our abilities to win your case that we stand firmly by our No Win No Fee Policy: if we don’t win, you don’t pay. Call 1800 455 725 for a no-obligation consultation about your case.

Find out more about our offices in Western Australia, including Perth, Albany, Bunbury, Geraldton, Kalgoorlie, Karratha and Mandurah.

Author: Heine Papenfus