What is a motor vehicle accident injury claim?
A motor vehicle accident claim is a personal injury claim filed by individuals who have been injured as a result of a motor vehicle accident. This may include any injury resulting from a car, motorbike, truck, bicycle or pedestrian accident.
If your injury was a result of negligent driving of any motor vehicle, your claim will be against the Insurance Commission of Western Australia (ICWA), who will settle the claim with you on behalf of the driver at fault.
Any action that constitutes negligence on behalf of the driver of a motor vehicle on which you were a passenger or that of another driver which lead to your injury will entitle you to claim compensation. You can also claim compensation for pedestrian injury as a result of negligence.
Common types of MVA Injury Claims
Common types of Motor Vehicle Accident Injury Claims include:
- Physical injury compensation for those who are injured or die as a result of a motor vehicle accident
- Injury to the spine, trunk, pelvis, abdomen, upper and lower limbs and face
- Burns of any kind
- Head and brain injury
- Mental stress, including PTSD, compensation
Who can submit a claim?
You can claim if you were:
- A passenger in any car, truck, bus or motorcycle and obtained an injury as a result of the negligent behaviour of the driver; or
- A pedestrian at the time of injury resulting from the negligent behaviour of the driver of any car, bus, truck or motorcycle.
You can still claim if you were partly to blame for the accident. If this is the case, the amount of your claim will be reduced in accordance with your contributory negligence (usually expressed as a percentage). Our lawyers will advise you in this instance.
If you suffered a loss due to death or serious injury of a family member or loved one as a result of a motor vehicle accident, you may also be eligible to claim.
What can be claimed?
If you have been a victim of a motor vehicle accident, you can claim compensation for:
- Loss of earnings (past and future)
- Pain, suffering and loss of amenities of life
- Medical expenses (past and future)
- Hospitalisation expenses
- Home assistance expenses
Key Success Factors for MVA Injury Compensation
To ensure a successful claim, it is crucial to prove liability and to prove the extent to which the injured person is eligible to receive damages.
Strict time limits apply when it comes to submitting a claim against ICWA. Time periods differ for adults and children and on a case-to-case basis, so we recommend you contact our lawyers for an obligation free chat immediately to discuss your needs.
What to expect in the process of a Motor Vehicle Injury claim?
- After you get in touch, one of our expert lawyers will contact you for an obligation-free consultation. This is where we will answer all of your questions regarding fees, timings etc. It is important to note that in a successful claim, the person responsible for the injury or their insurer will cover most of the costs.
- We will discuss your situation and work with you to determine whether you are eligible to receive compensation for your injuries.
- Most claims are settled without the need to go to court. However, pre-trial conferences are held at the court building on a more informal basis and we will represent you through this process.
- We will endeavour to get through the claim process as quickly as possible by seeking the relevant expert medical advice from your doctors to ensure that your claim is settled at the right time.
- We will gather all available evidence to support your claim.
- We will have your claim accepted – NO WIN, NO FEE!
- We negotiate the best payout possible consistent with your injuries.
Important – Latest Development
Pursuant to new legislation (Motor Vehicle (Catastrophic Injuries) Act 2016), if you suffer a catastrophic injury (if you are paralysed or have suffered a brain injury) after 1 July 2016 in a car, truck, bus or motorcycle crash, you have a claim against ICWA under its new Catastrophic Scheme, irrespective of who caused the accident.
The Compulsory Third Party insurance scheme will be extended to provide care and support to all people catastrophically injured in motor vehicle accidents, irrespective of fault.
In other words, from 1 July 2016 you will be entitled to make a claim for care and support on a consistent basis regardless of who was at fault in the accident.
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.
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