WHAT SHOULD I DO WHEN I AM INVOLVED IN A CAR CRASH?
In Western Australia, the Insurance Commission of Western Australia (ICWA) is the body responsible for administering the Compulsory Third Party Insurance Scheme. All persons involved in motor vehicle crashes resulting in personal injury and fatal injury are managed by this scheme.
If you are involved in a motor vehicle accident and are injured as a result, you should follow the following steps once in a position to do so.
Persuant to the Motor Vehicle Third Party Insurance Act 1943 (WA), notice of your intention to make a claim must be provided to ICWA. This can be done in one or more of the following ways:-
- you can approach a solicitor (personal injury lawyer) to assist you with notifying ICWA of your intention to make a claim; and/or
- you may obtain the requisite form (the Notice of Intention to Make Claim Form) from ICWA directly by phoning them; and/or
- completing the relevant online form at https://www.crashreport.com.au.
Before or after notifying ICWA of your intention to make a claim, you should consult your local General Practitioner (even if you were initially treated by a doctor at any Emergency Department of any WA hospital) in order for your GP to examine you and diagnose the injuries caused as a result of the motor vehicle crash. This is an important step as it keeps proper record of your injuries, treatment and prognosis. It is imperative that you follow the treatment recommended by the relevant health professional.
ICWA will then investigate the circumstances of the motor vehicle accident and after you have recuperated they will attempt to settle the matter with you. The settlement process encompases two facets, namely the determination of liability, as the negligence of the driver which caused your injuries must be proved. Secondly your claim will need to be quantified as you may be entitled to various heads of damages, namely past and furture medical expenses, past and future loss of earnings, general damages for pain, suffering and the loss of amenaties of life, to name the most common ones.
At A & E Legal, we are specialists in car accident injury compensation claims. If you intend to or have made a motor vehicle accident injury compensation claim with ICWA, and need expert guidance to ensure that you receive the maximum compensation due to you, please contact us for a no obligation free consultation in order for us to assess your claim and advise you accordingly.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.