Car, Motorcycle, Truck & Bus Accidents
If you sustain an injury or loss caused by the actions of another person whilst driving or being transported in or on a car, truck, bus or motorcycle, you may be entitled to motor vehicle injury compensation. At A & E Legal we can assist.
Our experienced solicitors will engage on your behalf by submitting a claim with the Insurance Commission of Western Australia (ICWA) for the negligent driving of the driver of the vehicle which gave rise to your injuries. Our solicitors will fight for your rights and entitlements.
Can I claim?
Any action that constitutes negligence on the part of the driver of either a car, truck, bus or motorcycle in or on which you were a passenger or that of another driver of a car, truck, bus or motorcycle that causes you an injury, entitles you to lodge a claim for your personal injury.
Who can I claim from?
If your accident and subsequent injury was as a result of the negligent driving of a car, truck, bus or motorcycle, your claim will be against ICWA. In all other circumstances public liability laws will cover you against the negligent actions of another person or institution.
What can I claim?
You can claim for all loss and damage suffered by you, i.e.:
- past and future loss of earnings;
- pain, suffering and loss of amenities of life;
- past and future medical expenses;
- hospitalisation expenses; and
- home assistance.
Whiplash is a common term to describe the way an injury is caused. Whiplash is the violent movement of the head and/or neck caused by an acceleration–deceleration mechanism that are triggered by an accident such as a motor vehicle accident. The injuries caused by the whiplash are to the muscles, tendons, and other soft tissues of the neck. The whiplash injury may cause neck pain, tenderness, restrictions in range of movement, headaches, nerve or spinal cord injury, anxiety, and PTSD. Whiplash-associated disorder (WAD) is the term given for the collection of symptoms caused by a whiplash.
Can I claim for damages if the accident was partly my fault?
Yes you can still claim but the amount of your claim will be reduced in accordance with your contributory negligence that is normally expressed as a percentage.
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.
If the damages were partly your fault, you can still claim, however it will be reduced with your contributory negligence normally expressed as a percentage.
What should I do after an accident?
Immediately after you are in a position to do so:
- report the matter to the police or complete the online crash report;
- if possible take photos of the scene;
- obtain the names and contact particulars of all witnesses to the incident;
- contact us at A & E Legal for further assistance.
Are there time limits?
There are strict time limits and normally, if you are an adult, you have 3 years from the date of your accident or from the date when you first noticed clinical signs of an injury. Different time periods exist for children and we recommend that you contact us immediately.
Did you now?
If you suffer a catastrophic injury wherein you suffer a spinal cord injury, traumatic brain injury, multiple amputations, severe burns or blindness after 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. This means that 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 regardless of fault, you will be entitled to make a claim for care and support on a consistent basis.
Do I have to go to Court?
Most claims are settled without having to go to Court on trial. However, pre-trial conferences are held at the Court building in a more informal basis and we will be there to represent you through this process.
How long will it take and how much does it cost?
We will attempt to get through the claim procedure 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 answer all your questions about legal costs at the first free consultation with you. However, in the event of a successful resolution of your claim, the person liable or their insurers will cover most of the costs.
Is the first consultation free?
The first consultation is free with no obligation on your part to proceed.
Need more advice or want to