At Withstand Lawyers, our team of dedicated car accident lawyers in Perth specializes in helping clients secure the compensation they deserve. We understand the stress and challenges you may face after an accident, and we’re here to provide expert legal advice and representation.
Motor accidents, including car, truck, motorbike, forklift, and pedestrian accidents, can have significant consequences for all parties involved. If you’ve been injured in a car accident that wasn’t entirely your fault, it’s important to understand your rights and entitlements to compensation. Our Perth-based lawyers are experts in navigating the complexities of motor vehicle accident claims, ensuring you get the compensation you deserve.
Contact us today for a free consultation and let our experienced car accident lawyers in Perth help you navigate your claim and secure the compensation you need.
- No Upfront Costs
- No Win No Fee
- 99% Success Rate
- Maximum Lump Sum Payout
Who can make a motor vehicle accident claim?
If you have been injured in a car or motor vehicle accident that was not wholly your fault, you can make a claim, regardless of whether you were the:
- Driver
- Passenger
- Cyclist
- Pedestrian
If you were financially dependent on someone injured in a car accident, you can also make a motor vehicle accident claim, even if you weren’t injured. Additionally, if you were at fault but sustained catastrophic injuries, you might be eligible to claim for treatment, care, and support.
I have been injured in a car accident - how do I claim?
If you have been injured in a car accident that was not wholly your fault, follow these steps to navigate the claims process:
Report the motor accident to the Insurance Commission of Western Australia (ICWA).
To report a motor accident in Perth, submit the details to the Insurance Commission of Western Australia (ICWA) via their online portal. Our experienced car accident lawyers can assist with the submission and advise on your compensation entitlements. If ICWA accepts liability, they will cover reasonable and necessary medical expenses. Contact us for free initial consultation and advice, especially if liability is denied
Submit a Notice of Intention to Make a Claim Form as soon as practicable.
To initiate a compensation claim, it’s crucial to submit a Notice of Intention to Make a Claim Form to the ICWA promptly. Our car accident lawyers in Perth handle this process for our clients, ensuring that the ICWA is notified of your intent to seek compensation, not just treatment coverage. This step is essential to securing your rights and starting the claims process efficiently.
Negotiate a settlement with the ICWA.
For your motor vehicle accident claim, our car accident lawyers in Perth can negotiate a settlement with the Insurance Commission of Western Australia (ICWA) to determine your compensation entitlement. While negotiating is not mandatory, it provides valuable insights into ICWA’s perspective on your claim. We will not resolve your claim or enter into any settlement discussions with ICWA without your explicit instructions, ensuring we always act in your best interests.
Frequently Asked Questions
How much compensation can I claim from a car accident in Western Australia?
The amount of compensation you can claim varies because it is not the same amount for every claim. It depends on the extent of your injuries, loss, treatment you require and pain and suffering you have suffered as a result.
There are four different entitlements, loss of income, treatment expenses, domestic care and pain and suffering. For pain and suffering compensation the maximum amount payable as at 1 July 2020 is $432,000. To claim pain and suffering compensation, the total general damages for other losses such as loss of income, treatment expenses, domestic care have to be more than $22,500. Factors such as your age, your pre-injury working capacity, intention and health also have an impact to the amount of compensation you can claim. To be eligible to claim you need to be found not mostly at fault. If the fault of the accident is not clear or if the driver at fault denies it was their fault, witness statements from eyewitnesses and police reports will be required to assist all parties in determining who was wholly or mostly at fault. Our law firm takes pride in obtaining all the available evidence to support your motor vehicle accident claim.
Is there a time limit in making a compensation claim in Western Australia?
Yes, strict time limits apply. You have 3 years to commence court proceedings for your motor vehicle accident claim. If you don’t commence court proceedings within the 3-year time limit, you will be out of time and will be unable to commence court proceedings without seeking special leave from the court.
Special leave is only granted for specific circumstances. Please contact our personal injury lawyers for advice on your specific circumstances to see whether or not it would likely be granted or not. The ICWA could still provide you with compensation however if you are out of time, you may not have any other option.
What do general damages mean in a car accident claim?
General damages is the compensation for loss of income, treatment expenses and domestic care. It damages other than damages for pain and suffering compensation. It includes loss of income, loss of opportunity, treatment expenses and domestic care. Our accident lawyers in Perth will be able to advise you on your entitlements to general damages and advise you on the best way to claim them for your claim. Our car accident lawyers operate on a No Win No Fee Policy.*
How long will it take to resolve my car accident claim?
The resolution time for your motor vehicle accident claim may vary depending on many factors. Whilst we appreciate you want to resolve your claim as soon as possible, at the same time you do not want to resolve your claim without ensuring all losses and consequences, both past and future are taken into account. Each car accident has its own impact on everyone differently and depending on the circumstances, the time it takes to resolve your claim varies. For example, if you need to have surgery our car accident lawyers would advise against resolving your claim until after the surgery to ensure its costs, consequences (if any) and impact are all taken into account in your claim. Other factors such as expectations also have an impact as to when your claim will resolve. For example, However, it usually takes an average of 1.5 years for our car accident lawyers to resolve claims for our clients who have not had surgery.
Do I need to be injured to make a car accident claim?
Yes, you need to be injured to make a car accident claim. Also, your injury in a car accident does not always mean you can claim compensation for personal injury or death. You need to prove that the accident was caused, in whole or in part, by the fault of the driver or owner of the motor vehicle involved.
Can I still claim compensation if the car accident was partly my fault?
Yes, but the amount of compensation may be reduced depending on specific circumstances relating to how you were partly at fault.
What’s the best thing I can do for my car accident claim?
As lawyers in this area, our view is that you have nothing to lose by contacting our lawyers to obtain the best possible advice based on your scenario. You can expect to be informed about your eligibility, the process of making a claim, what to expect, the time period and the next steps in making a claim.
Our car accident lawyers are senior lawyers who take pride in representing injured clients by collecting evidence in support of our client claims, and liaising with doctors, third parties and the ICWA to achieve the best result for our clients in claiming compensation.
Whilst our lawyers will act in your best interests and are able to break down the law for you in language that you can understand, you need to be upfront and explain your circumstances to our car accident lawyers. Our car accident lawyers advise about what you need to do after the accident which will be dependent on the information you provide and as such it is important you provide correct information. That will ensure the best advice that is in the best of your interests for your claim will be provided. You can reach our car accident lawyers throughout Western Australia, including but not limited to Perth, eastern & western suburbs.
Do I have to pay you out of pocket for my car accident claim?
No. Our car accident lawyers operate on a No Win No Fee policy which means unless you win you do not pay our legal costs and disbursements out of pocket. You are only required to pay our legal costs and disbursements after you are successful in receiving compensation from the compensation monies. In our Free Initial Consultation our car accident lawyers, will advise you on how much our legal costs and disbursements will be, which are only payable, upon successful completion, and it will be very clear and transparent. You will also be informed however that if your claim is required to be progressed to court and you are unsuccessful, you may be liable to pay the legal costs and disbursements of ICWA’s lawyers. Usually for you to lose in court it means that you were found to be wholly or mostly at fault.
Given the financial risk, we will of course advise you prior to commencing court proceedings of the risk in detail and will advise you of our opinion depending on the specific circumstances of your claim. Of course, straight forward motor vehicle accidents such as being rear-ended or if you were a passenger are mostly accepted which means you would not lose in Court on liability.
Do I have to use a lawyer for my car accident claim?
No, you do not have to use a lawyer for your accident claim. We do however recommend you organise a free initial consultation with our car accident lawyers to ensure you understand your entitlements to compensation and how to claim them. You can then decide whether you want to use a car accident lawyer or not. Using a car accident lawyer is advantageous to your claim because we know what you are entitled to and what preparation, work and evidence need to be gathered to support your claim.
Contact Our Car Accident Lawyers in Perth
Due to Western Australia advertising restrictions, we are limited in what information we are able to disclose on our website regarding personal injury claims.
Please contact our car accident lawyers in Perth for a free initial consultation and tailored support for your claim.
Issa Rabaya
• Bachelor of Laws
• Graduate Diploma in Legal Practice
• Approved Legal Service Provider to the Independent Review Office
• Member of the Law Society
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