Questions About Vehicle Accidents
What is the ICWA?
What ICWA benefits could you be entitled to?
How much compensation does ICWA cover for a motor vehicle accident?
How do I make an ICWA claim?
What time limits apply in a motor vehicle claim?
Do I need legal advice from an independent motor vehicle lawyer?
Shine Lawyers offer a no win no fee arrangement for motor vehicle claims
Making a Vehicle Accident Claim
If you suffer an injury as a result of a motor vehicle accident you may be entitled to a range of compensation benefits.
Even if the motor vehicle accident that caused your road injury involves an unidentified or unregistered motor vehicle. Shine Lawyers have a specialised department in motor vehicle accident claims.
Our areas of motor vehicle specialisation include:
• motor vehicle accidents
• motor cycle accidents
• cycle injuries
• single car accidents
• car accidents
• pedestrian accidents
• truck and trailer accidents
• multiple car accidents
A motor vehicle compensation expert from Shine Lawyers will be able to provide legal support and advice on your road injury and which motor vehicle accident scheme applies to you, plus your eligibility for a motor vehicle accident claim and the benefits available.
Time limits apply so if you've been injured in a motor vehicle accident seek legal advice as soon as practical.
What is the IWCA?
The Insurance Commission of Western Australia (ICWA) is the third party insurer in Western Australia. A body established by the Western Australian Government to provide compensation for people who suffer an injury or fatality as a result of a motor vehicle accident, including motor vehicles, motorcycles, trains, trams, buses and in some cases bicycles.
ICWA is the compulsory third party insurer for motor vehicles registered in Western Australia. If the vehicle that caused your injury was registered in another state or territory, another compulsory third party (“CTP”) insurer will respond to your claim. Shine Lawyers is able to assist, irrespective of which CTP insurer responds to your claim.
In Western Australia, the motor vehicle third party insurance policy of insurance is included in the registration costs of a motor vehicle to compensate personal injury caused by, through or in connection with the vehicle.
What ICWA benefits could you be entitled to?
If you suffer an injury as a result of a motor vehicle accident you may be entitled to a range of compensation benefits through a motor vehicle third party insurance claim. Motor vehicle third party insurance pays compensation to people who have suffered an injury or fatality in a motor vehicle accident where negligence can be established.
Therefore, the motor vehicle third party insurer responds to the claim, which covers personal injury and related losses such as loss of earnings, medical expenses, including;
• medical, rehabilitation, and medication expenses
• loss of earnings
• pain and suffering
• loss of enjoyment of life; and
• travel expenses
Dependants of the deceased may only claim for the economic loss that they have suffered, or for the value of the lost services. Compensation is not available for grief however you may be able to make a claim a recognised psychiatric injury as a direct consequence of the ‘shock’ of the death
How much compensation does ICWA cover for a motor vehicle accident?
Motor vehicle accident claims are complex and have unique circumstances. The amount of general damages that may be awarded to you will be dependant on a number of factors. Therefore, it is impossible to state exactly how much your compensation will be.
Separate laws relate to earnings lost as a result of an injury sustained in a motor vehicle accident. These have undergone significant changes recently that restrict claims for economic loss.
How do I make an ICWA claim?
• The law requires a motor vehicle accident in which a person has sustained an injury to be reported to the police.
• Lodge the Notice of Accident Claim Form with the motor vehicle third party insurer of the vehicle at fault; and
• Your injury will also have to be assessed by expert medical practitioners who can comment on the long term consequences of your injury (include the medical certificate with your claim).
What time limits apply in a motor vehicle claim?
Time limits apply to lodge a motor vehicle third party insurance claim. Under Western Australia legislation, a motor vehicle claim must be commenced:
• Within 6 years of the accident if you were injured prior to 15 November 2005; or
• Within 3 years from when you first became aware of your injury after the motor vehicle accident if the accident occurred on or after 15 November 2005.
It may be possible for a claim to be brought outside the prescribed time limits if you were injured on or after 15 November 2005. Also, different time limits apply for claims brought on behalf of children.
It is important that you obtain legal advice from a motor vehicle accident lawyer to safeguard your interests in relation to the common law damages time limit.
Early investigation and information gathering is critical to the success of your claim. For example motor vehicle lawyers may need to collect evidence from the crash site, interview witnesses, or organise your vehicle to be assessed. The quality of the evidence may affect the compensation amount. It is very important to engage a motor vehicle accident lawyer as soon as practical from your motor vehicle accident.
Do I need legal advice from an independent motor vehicle lawyer?
It is important to seek independent advice from a motor vehicle expert to ensure you get the full compensation you deserve. Sometimes dealing with insurance companies and state authorities in regards to motor vehicle claims can be stressful and complicated.
Remember, the ICWA receive advice from a panel of lawyers who examine and investigate the circumstances of your motor vehicle accident. This information gathered by the ICWA may be used to defend a claim made by you, as well as their obligation to pay compensation to you. It is therefore critical to engage a motor vehicle expert to protect your interests in the investigation process.
A claim for damages (also called a Common Law claim) is usually the only way that substantial compensation can be obtained for the full effects of your injury. Your highest priority should be to maximize the extent of your physical and psychological recovery. If you have a matter going to a settlement conference or court, it is strongly recommended that you protect your interests by appropriate legal representation.
Shine Lawyers offer a no win-no fee arrangement for motor vehicle claims
If you decide to proceed, and we believe you have a viable motor vehicle claim, we will act on a 'no win - no fee' basis, including out-of-pocket expenses. Shine Lawyers also offer an obligation free initial consultation with one of our expert motor vehicle lawyers. Therefore, we can offer private legal advice to help us make an accurate and individual assertion of your motor vehicle claim.
If you believe you have suffered an injury as a result of motor vehicle accident, please seek legal advice as soon as practical. The complexity of time limits in a motor vehicle accident makes it critical that you obtain advice about your situation immediately.
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