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Making a Vehicle Accident Claim

Involved in an accident? Many injured victims rush through the compensation process, not aware of the full list of expenses and damages they may be able to claim.

The Soul Legal team are committed to premium results. With over seven decades of combined experience, our Perth car accident lawyers make sure your claim for personal injury compensation covers all possible entitlements.

Who can claim, and from where?

Motor vehicle accident injury compensation is accessed through the Insurance Commission of Western Australia. The 2019 Annual Report by ICWA showed $448.5 million in claims payments to people injured in crashes.

For you to claim, generally the accident can’t be entirely your fault, but there are exceptions. If catastrophically injured, and fault of another driver is unable to be established, you can claim for Catastrophic Injuries Support.

Coverage can span all types of accidents, whether a car, truck, motorbike, or other vehicle is involved, applying to driver, passenger, pedestrian or cyclist. This includes “hit and run” scenarios with unidentified vehicles.

Be aware the accident does not need to occur on a road for you to make a claim with ICWA. You can claim when a registered vehicle or vehicle required to be registered is involved.

Others can also apply for compensation, including those financially dependent on someone who dies in an accident. Check your eligibility with a Soul Legal motor vehicle injury lawyer.

What do I do immediately after an accident?

Avoid verbally admitting to liability at the scene. Report the crash online to the Insurance Commission of WA. If possible, record all evidence of the incident, including photos at the scene, and contact details of witnesses.

If you did not access hospital medical attention immediately, make an appointment with your GP so they can verify and record your injuries. This is vital, in case the ICWA disputes any aspects of your resulting medical status.

What exactly can I claim?

A number of costs can be included in a motor vehicle accident compensation claim. Not only current medical expenses (receipts required) and lost income, but potential future losses, as well as pain and suffering, and general expenses.

Many victims are unaware of the full extent of a claim. A Soul Legal lawyer can ask ICWA for Notice of Intention to Claim form on your behalf. We’ll ensure you’re not omitting any entitlements.

At Soul Legal we usually suggest clients do not sign the ICWA Medical Authority form. We recommend speaking to one of our lawyers prior to signing documentation related to your claim.

How long do I have to submit a claim?

The time period can vary. After three years an order of extension is usually required, unless the victim is a minor, in which case they may have longer to claim. Speak to our legal team to establish how quickly you need to lodge a claim.

Generally, the Notice of Intention to Claim should be submitted within one year of the date of accident, and the Writ (a document which starts Court proceedings and protects the claim from the limitation period of expiring) has to be filed within three years. But personal circumstances may change this, i.e. if a person is under a mental disability.

The quality of your claim information is an important factor. As experienced and trusted car accident lawyers in Perth we offer a no win-no fee service, and a free no obligation claims assessment that could transform your payout.

Why do I need a good lawyer?

Know you’re not obligated to accept the first offer of settlement from ICWA. During this process, a standout Perth car accident lawyer will make sure you experience as little emotional and financial stress as possible.

The claims process appears straightforward but the burden of proof is often on you. For example, specialists may not agree on the impact of injuries on long-term daily functions, and the financial burden of your injury may be disputed.

We’re on your side, and we’ll fight for you. As an injured victim, know that you’re entitled to this compensation, under law. Soul Legal want to ensure you don’t endure financial hardship in the future as a result of a short-sighted claim.

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