Frequently Asked Questions About At Fault Accident Claims
Most frequent questions and answers regarding motor vehicle injury claims
Yes, you can still claim compensation under Western Australian law even when you share responsibility for the collision. Your compensation amount is reduced proportionally to your degree of fault, not eliminated. For example, if you are found 30 per cent responsible, you may receive 70 per cent of your total damages. Our car crash legal team assesses liability carefully to ensure fair apportionment.
You may claim compensation for general damages covering pain and suffering, economic loss including lost earning capacity, past and future medical treatment costs, and expenses for home help and assistance. The specific amounts depend on injury severity, ongoing care needs, and how the collision has impacted your life. Our motor vehicle injury lawyers calculate your full entitlements.
Always give priority to your injuries by obtaining medical attention. Whilst the most significant injuries will be attended to by your treating doctors, remember to mention your lesser injuries and have them recorded. Some significant injuries can manifest themselves over time, and if their initial symptoms are not included in your medical record, the insurer may dispute that these were sustained in the accident.
In Western Australia, we recommend that that you complete an online crash report. You can also request a ‘Notice of Intention to Make a Claim Form’ direct from ICWA. You are expected to do so within 6 months of the date of the crash. However, if you have not done so this would not usually disqualify your claim as ICWA has an onus to establish prejudice to defeat your claim.
Engage a law firm that has the necessary reputation and proven traits to represent your interests.
You must lodge your claim with the Insurance Commission of Western Australia within three years from the accident date. Missing this deadline may prevent you from seeking any compensation. We strongly recommend consulting At fault car accident lawyers in Perth as soon as possible after your collision to protect your legal rights and preserve evidence.
First, check for injuries and call emergency services on Triple Zero if needed. Exchange details with all parties including names, addresses, phone numbers, and insurance information. Photograph the scene, vehicle damage, and road conditions. Report the accident to police within 28 days. Complete an online crash report with the Insurance Commission of Western Australia. Then seek legal advice promptly.
Yes, you can still pursue compensation. Western Australia requires Compulsory Third Party insurance as part of vehicle registration. Even if the at fault driver lacks private insurance, claims are made against the Insurance Commission of Western Australia, not the individual driver. Our traffic collision lawyers navigate these claims regardless of the other party’s insurance status.