Been injured in a motor vehicle accident in WA? Here’s your need-to-know guide.

When you are involved in a motor vehicle accident (MVA) of any kind, your whole life can change in a moment.

If you have an injury that resulted from the driving of a motor vehicle, whether those injuries be physical or psychological, you may have a personal injury claim against the insurance Commission of WA (ICWA).

When might I have an MVA claim?

MVA claims cover more than just accidents involving cars – they cover any ‘vehicles’ including bicycles, motorcycles, buses and trucks.

Here are some examples of the circumstances that may result in you being injured in a motor vehicle accident and entitled to an MVA claim:

• being a passenger or driver in a car that is rammed or hit by another vehicle,
• being a passenger in a car that collides with another vehicle even if the vehicle you are in is at fault for the accident, or
• being a pedestrian and being hit by a vehicle.

How do I make a claim?

Here’s a brief outline of the initial steps involved in making a claim with the ICWA if you have an injury that resulted from the driving of motor vehicle:

1. report the crash and injury online with the ICWA.
2. seek medical advice and obtain a medical assessment as soon as possible after the accident. You will need the medical certificate from this assessment to lodge with your claim.
3. engage a lawyer who is an expert in car accident claims in WA to give you the best possible chance of receiving the maximum compensation available to you. You should do this prior to lodging your claim.

What can I claim for?

Your entitlements will vary depending on the circumstances of your accident. All of the below will be taken into account when calculating the final amount of your claim.

1. Your pain and suffering (also known as general damages)

General damages are compensation for pain and suffering and other non-economic losses that arise from injuries sustained as a result of your motor vehicle accident. The more severe your injuries and the impact on you in the long term, the greater your claim for general damages.

2. Past and future loss of earnings

This is a calculation of wages you have lost from not being able to go to work, and your loss of future earning capacity if your future ability to work is reduced.

The past earnings portion of this is calculated for any period of time when you have been unable to, or only partly able to, work – from the time of your accident to the date of settlement of your claim.

Compensation for future economic loss takes into account the severity of your injuries and the impact those injuries may have on your earning capacity from the date of settlement, for the remainder of your working life. A range of documents are needed to prove future economic loss including tax returns, medical evidence, letters from your employer, and anything else that helps prove your reduced ability to work.

Past and future loss of superannuation can also be claimed.

3. Medical expenses

You can claim for any medical expenses already incurred as a result of your injury – and make a claim for any that you might incur in the future.

It is important to keep receipts of all medical appointments, assessments, medicines, and any medical equipment needed arising from your accident.

When calculating future medical treatment, you should consider any specialist equipment, consultations, prescription medicine and any potential surgery. It is also important to consider any rehabilitation costs that you may incur such as physiotherapy, occupational therapy, return to work assistance, pain management programmes, home or vehicle modifications. ICWA may ask for a rehabilitation assessment to be undertaken to help determine these costs.

4. Household support services

As a result of your injury, you may need temporary or permanent help around the home, including tasks such as shopping, cleaning, gardening or help with personal care. The cost of this support, whether required short or long term, can be claimed.

Your lawyer should discuss these entitlements with you to keep you updated throughout your claim.

What about legal fees – will this be costly?

It is important to note that the ICWA will pay the majority of your legal costs if your claim is successful.

If you were to engage TGB Lawyers,  we have a no-win, no-fee policy when it comes to personal injury claims, as we understand that you might be under increased financial stress due to the inability to work, medical expenses and more, after an accident.

We will also not charge you legal fees until your claim has been finalised. This means you have nothing to pay from your own pocket until your claim has been resolved.

What to do next

Give our expert Perth motor vehicle accident lawyers a call on (08) 9211 5800 to book your free, no-obligation claim assessment, or fill in your details here and we will quickly be in touch.