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Motor Vehicle Accident Lawyers In Perth

Can you claim after a car accident in Perth?

If another driver caused your crash, you can claim compensation in Western Australia, and every motor injury claim here runs through one insurer: the Insurance Commission of Western Australia (ICWA). Soul Legal handles these claims for injured people across Perth on a No Win, No Fee basis. Our two directors have practised personal injury law in WA since 1991 and 1997.

You can usually claim if you were injured in a crash that someone else caused, even if you were partly to blame. In WA you claim against ICWA, the state’s compulsory third party (CTP) insurer, rather than directly against the other driver. ICWA cover applies to injuries caused by WA-registered vehicles in a crash anywhere in Australia.

A few situations change the picture:

  • Partly at fault. You can still claim. Your compensation is reduced by your share of responsibility.
  • Fully at fault. You generally can’t claim fault-based damages. The exception is catastrophic injury. WA’s Catastrophic Injuries Support Scheme, in place since 1 July 2016, provides lifetime treatment and care for people catastrophically injured in a crash, regardless of fault.
  • Unidentified or uninsured driver. Because ICWA is the single CTP insurer, you may still be covered if you made genuine efforts to identify the vehicle and gave ICWA a statement.
  • A fatal crash. A relative or de facto partner who depended on the person who died may bring a claim under the Fatal Accidents Act 1959 (WA).

Not sure which one fits you? That’s the first thing we work out at your free assessment.

CONTACT SOUL LEGAL PERSONAL INJURY LAWYERS TODAY

Receive an Obligation Free Claim Assessment

How a WA motor vehicle injury claim works

You start the claim yourself with ICWA, and it’s more digital than most people expect. ICWA sets out three steps:

  1. Gather the crash details: date, time, what happened, the other driver and any witnesses, photos or dashcam footage, and your injuries.
  2. Report the crash at crashreport.com.au. The online form takes about 40 minutes and has to be finished in one sitting, because you can’t save it and come back.
  3. Submit it. ICWA confirms by email or SMS and sends a link to a digital claiming card with a unique treatment number.

That treatment number lets approved treatment be billed straight to ICWA at most medical and allied-health providers, often with no invoice for you to pay. If you’ve already paid, you can claim it back.

For treatment alone, plenty of people manage this themselves once they have a claim number. For anything beyond basic treatment, a serious injury, a dispute, or a claim for pain and suffering and lost earnings, legal advice starts to matter. How Soul Legal handles that side:

  • Before your first meeting, we send you a secure upload link so your documents are with us and reviewed before we even talk.
  • At the first consultation we gather the facts, explain your options and the steps that protect your legal rights, and walk through our No Win, No Fee retainer with a written estimate of the fees that would apply if your claim succeeds.
  • We usually wait until your injuries have stabilised before finalising. A proper assessment of what you’re owed can only be made once your doctors can describe your long-term prognosis and future losses. For serious injuries that point can take a year or more, longer again if surgery is ongoing.
  • We gather evidence, prepare submissions, and aim to settle with the insurer without going to court.
  • If a fair settlement can’t be reached, we can take the matter to court, or to WorkCover where that’s the right step.
A professional explaining How Can a Personal Injury Attorney Help You

Get The Proof You Need With Our Assistance

The experts at Soul Legal are exceptionally qualified to assist you with a car accident compensation claim in Perth. Our knowledgeable lawyers can navigate you through the sometimes complex legal system and documentation, whilst providing you with accurate and comprehensive counsel on the potential outcome of your claim.

We are here to guide you through the process of establishing what compensation you are entitled to, taking into consideration the losses you have sustained. We will advise you on the most effective approach to pursue your claim and ensure you have all the essential evidence to support your claim. Our objective is to deliver you the finest advice and to handle your claim with the highest standard of care and professionalism.

The Soul Legal Injury Compensation Lawyers Experience
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100 Years Combined Experience

Soul Legal’s Directors Kevin, Rebecca and team bring 100 years of combined experience in compensation law

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Proven Track Record

Soul Legal has a proven track record of hundreds of successful claims totalling millions in compensation awards

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Trusted By Local Government Workers

Soul Legal is trusted by the Local Government Racing and Cemeteries Employees Union established 1903

Achieve Claim Approval Easily With Us

If you’re in Perth, WA and have a motor accident claim, Soul Legal is your destination. Our team of Motor Vehicle Personal Injury Lawyers are prepared and available to assist you in fighting for the compensation you deserve. We possess over a century of expertise in this area, so you can rely on us to handle your case and help you challenge rejected medical expenses or pursue payment for injuries. Contact us today and allow us to advocate for you.

Our practice offers a NO WIN – NO FEE service for Perth motorists who have been involved in car or motor vehicle accidents. We work tirelessly to obtain the most favourable compensation settlement for our clients who have been involved in a motor vehicle incident.

Injured employee seeking legal advice.

How long claims take, and what we see in our own files

Most serious motor injury claims take time, because a settlement should wait until your injuries have stabilised. Rushing to settle before that is one of the most common ways people end up under-compensated.

Every claim is different. We don’t promise a timeframe or a figure. What we do is keep your claim moving and make sure it isn’t settled before your medical position is clear.

What you can claim after a motor vehicle accident in WA

For a motor vehicle injury claim, you may be able to claim:

  • General damages for pain and suffering
  • Loss of earning capacity, past and future
  • Treatment and medical expenses
  • The cost of home help and care your injuries have made necessary

Two WA-specific points that matter here. First, pain and suffering (general damages) is only payable once your injury passes a minimum threshold set by ICWA, and the amount is worked out as a percentage of a maximum sum. ICWA updates these thresholds each financial year. Second, a CTP claim covers your injuries, not your vehicle. Damage to your car is handled separately, through the at-fault driver or your own motor insurer.

No Win, No Fee: what you actually pay

You pay no legal fees unless your claim succeeds. That’s the core of our No Win, No Fee arrangement for claims we assess as having merit. The money side, in plain terms:

  • If your claim succeeds, the majority of your legal costs are usually recovered from the other side (party and party costs).
  • Any gap between that and your full legal costs (solicitor and client costs) comes out of your settlement at the end. On our existing matters that gap has usually been no more than 10% of the damages awarded.
  • During the claim there are payments to third parties, for example doctors who prepare medical reports or attend court. These are called disbursements.
  • Soul Legal is on the Legal Aid panel. Where a client with a meritorious claim can’t fund disbursements, these are usually covered by Legal Aid. Not every firm offers this.

A defendant who successfully defends a claim you bring may be able to recover costs against you. We tell you where you stand before you commit to anything.

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Injured in a WA crash but living overseas, or visiting Australia?

You don’t have to be a WA resident to claim. ICWA cover follows WA-registered vehicles, and the scheme doesn’t restrict treatment and compensation to locals, so visitors and people who have since moved abroad can claim on the same basis.

You can also start and run a claim remotely:

  • The ICWA online claim and digital claiming card work from a phone, wherever you are.
  • Our secure upload link and direct contact with your lawyer let you progress a claim from another country without flying back.
  • If you’re in WA but can’t travel because of your injuries, we can visit you at home or in hospital.

If you live overseas, get advice in your own country about how a personal injury settlement is treated for tax. That sits outside WA law and outside what we advise on, so check it locally.

One warning worth repeating, because ICWA flags it too. ICWA does not appoint or refer lawyers, and it does not take a percentage of your benefits. “Claims harvesting”, cold calls from people who take your details and push you toward a particular lawyer, is something ICWA asks people to report. If someone contacts you out of the blue after a crash, be careful, and choose your own lawyer.

Mistakes that can hurt your claim

The most common mistake we see is trying to tough out an injury and hoping it settles down without seeing a doctor. If your injuries aren’t recorded early, or you delay lodging, the insurer can argue they weren’t caused by the crash, and that can weaken or even defeat a claim later.

So, after a crash:

  • See a doctor and have every injury recorded, including the minor ones, which can surface later.
  • Report the crash online to ICWA as soon as you can.
  • Get legal advice before you accept anything or sign anything.

Time limits in WA

You generally have three years to start court proceedings for a personal injury, measured from when your cause of action accrued, broadly when you knew or should have known your injury was significant. This is set by the Limitation Act 2005 (WA), section 14, which also covers Fatal Accidents Act claims. Courts can extend time in limited circumstances, but you shouldn’t rely on that.

Your ICWA treatment claim is more flexible than the court deadline, but evidence is easier to gather early, so the practical advice is the same: see a lawyer as soon as you can.

Why People Choose Soul Legal

You work directly with a qualified lawyer, not a file passed around a team. Soul Legal focuses on two areas: motor vehicle and workers compensation injury claims. That focus is the point of the name. The firm is built around the person who walks through the door rather than the names on the letterhead.

Kevin Wong, Director. Practising personal injury law in WA since 1991. UWA Law School. Kevin handles cases from minor soft tissue injuries through to catastrophic disability claims, including multi-million dollar awards. He’s appeared in the District Court, Supreme Court, Federal Court, and High Court. In De Sales v Ingrilli [2002] HCA 52, Kevin was the instructing solicitor on the case that abolished the discount for the chance of remarriage in dependency claims for widows, a precedent that changed how fatal accident claims are assessed across Australia. He was also co-counsel in Westrupp v BIS Industries Limited [2015] FCAFC 173, which established workers compensation coverage for FIFO workers. Kevin was among the first solicitors to file in the Federal Court Insurance List when it opened in 2016. Recommended in the 2017 Doyles Guide. Member of the Australian Lawyers Alliance.

Rebecca Sorgiovanni, Director. Practising personal injury law since 1997. Educated at UWA and Murdoch University. Rebecca founded her own practice, Sorgiovanni Legal, in 2007 before co-founding Soul Legal with Kevin in 2018. She’s an accredited alternative dispute resolution practitioner and registered family law mediator. Rebecca is the recommended lawyer of the Local Government Racing and Cemeteries Employees Union. She has appeared in the Supreme Court (Court of Appeal), District Court, State Administrative Tribunal, Fair Work Commission, WA Industrial Relations Commission, WorkCover WA, Magistrates Court, and the Coroner’s Court. She represented the family of a primary school boy who drowned on a school excursion and established new law in Re Her Honour Judge Schoombee; Ex Parte Attorney General for Western Australia [2011] WASCA 129. Rebecca lobbied government to preserve common law entitlements for injured workers.

On the Legal Aid panel, so disbursements can be covered for clients with meritorious claims who can’t fund them.

Home and hospital visits for clients who can’t travel.

Two offices: Suite 2/22 St Georges Terrace, Perth WA 6000. And 17 Baskerville Cres, Baldivis WA 6171.

Testimonials

Soul Legal is Perth’s Leading Personal Injury Compensation Law Firm

I had a horrific accident in 2016. I was nearly killed. I went to Soul Legal lawyers and saw Kevin Wong and I have never been happier. Kevin took on my case and everything could not have gone better. Thanks to Kevin Wong and Soul Legal. I am more than thrilled and thankful that I have received a settlement and I more than recommend Kevin and Soul Legal. To anyone who has anything at all, I say go to see Kevin Wong and Soul Legal and know that you can't go wrong .
Dawn A LewisPerth Resident 6000
I am so happy with my outcome regarding my claim against my unfair dismissal case. Rebecca from Soul Legal fought hard for me, nothing but high praise for your company. Thanks again.
Thomas RPerth Resident 6000
Kevin Wong from Soul Legal - Most trustworthy, honest and competent lawyer. Would fight the case for you and stand by you. I would cordially recommend him for any case that requires skills and personal efforts.
J. UPerth Resident 6000
Rebecca Sorgiovanni - Thanks again so much for all you did for me and your support through a most difficult time. I wish all the very best to you and your team. Many thanks.
S. HPerth Resident 6000
Rebecca, we are very grateful for your efforts and you have been exemplary to deal with in every way - I am very grateful that you crossed my path as it restores some faith back to me that there are still good people on this planet with kind souls fighting the good fight. I truly admire you and your practice for this. Thank You.
L. LPerth Resident 6000
I would like to take this opportunity to thank you for the diligence, perseverance, professionalism and support you have shown as I fought for the 'principle' of the matter. I have already started recommending your firm to others.
Karen HRockingham Resident 6168
I can't thank Rebecca enough for helping me through an extremely tough time. Not only was she extremely professional but very understanding and caring to my personal needs. I found Rebecca to be very knowledgeable and I highly recommend her services.
M SPerth Resident 6000
Kevin - Thank you so much for your kindness and professionalism. Your help was such a strong anchor while my decision making skills were low. I really appreciate the effort and assistance. I will always highly recommend you and your team to anyone else I know that may need you.
Sue HWaikiki Resident 6169
Rebecca at Soul Legal took on a Workers Compensation claim I had due to a work accident. Her advice and expertise in that particular area of law was first class. Everything was explained to me and she negotiated a settlement with my employment insurer in an extremely professional manner which was financially above my expectations. I highly recommend that if you have any legal matter you need to resolved to contact Soul Legal to discuss. Simon Hayles
Simon HaylesPerth Resident 6000
"Kevin made a stressful period much more manageable. After my crash I was extremely affected and having his professional support and guidance throughout ensured that all areas of claim were covered which meant the outcome was positive and I could continue my recovery without restrictions." Ursula Beattie
Ursula BButler Resident 6036
Thank you so much Kevin and Lyle. Rate your office 10/10. I can't find people like you: easy to deal with, so calm, understanding, friendly and happy, helpful and of course very sympathetic to people. One of a kind. People need you in our community. I will not hesitate to recommend you to the people I know that really need your service. Thank You
V WPerth Resident 6000
Thanks so much for everything Rebecca, you are great at what you do, not only that, but you have been so supportive of me during the whole ordeal as well and I appreciate that so much
Shana BBaldivis Resident 6171
I have over the past five years, come to know the team at Soul Legal. I have found them to be honest, reliable, professional, comprehensive, strategic, one step ahead and a powerful opponent. When you hire Soul Legal to manage your case, you have hired a team of legal advocates who care, who will keep you informed, who will fight for you and be the voice you need to represent you again. Rebecca Sorgiovanni and her team are some of the most amazing, caring lawyers out there. P. Revson
P. RevsonBaldivis Resident 6171
Kevin Wong is the best lawyer and is very friendly. I'm so happy with his job. Many thanks Mr. Kevin for your help
L VBertram Resident 6167
Kevin, I would like to take this opportunity to thank you and your team for your counsel, support and advice throughout the process. It has been nothing but exceptional and I'm very happy with all services provided, being available anytime to discuss my concern via calls was great. I wish the best for your firm moving forward, and will definitely recommend Soul Legal should I know anyone needing counsel in the future
K GVictoria Park Resident 6100
Kevin, thank you SO SO much to you and the Soul Legal team for all of your help with my case, negotiating the settlement and making the whole process so easy. I am so grateful! I wish Soul Legal all the best and will definitely recommend you if the need ever arose
Natalie BShelley Resident 6148
Lara, I cannot thank you enough for all the calls, emails we had, and during both conciliations you were so supportive, giving me the best piece of advice, I could express myself freely. I have to say I prayed a lot for this case and my God didn’t let me down. I knew we were going to win during the second conciliation although the odds were here. Lara, you were fantastic and everyone (my physio and my gp) did ask for your name so they can provide to other clients in need.
P. MCloverdale Resident 6105
My heart is full of gratitude for the work you have done in handling my case. From the beginning to the end, it was a really daunting and stressful time I went through with the insurance being inconsiderate however I appreciate your effort and perseverance fighting this case. I would highly recommend people to choose Soul Legal, not only for the service but also for the amazing staff members.
P. MuthyaluCloverdale Resident 6105
Rebecca, thank you from the bottom of my heart, during the first conciliation you were there explaining to me in details about the outcome and consequence that we might obtain from this case. I was restless, thinking about all the implications I could have, but you were very nice and spoke nicely so that I ended up feeling calmer.
P. MCloverdale Resident 6105
Dear Stuart, Kevin, and the team at Soul Legal, I am writing to express my deepest gratitude for the exceptional service I received from Soul Legal. From the beginning to the finalisation of my claim, your team has demonstrated a level of professionalism, care, and personalised attention that far exceeded my family's and my expectations. The manner in which Soul Legal handled my case was truly "with heart and soul," living up to your firm's mission statement. Despite the significant challenges and losses involved, the outcome achieved has provided me with a sense of closure and relief. We particularly appreciated the way you and a big shout out to Stuart! managed the more challenging aspects of my claim, ensuring that I felt supported and informed throughout the process. Stuart's thoughtful accommodations and adjustments to my needs due to the minor traumatic brain injury were especially heartwarming and made a significant difference in my recovery journey. Your approachability and genuine concern for my well-being have been invaluable during this difficult time. I honestly cannot think of anything that could have been done differently. However, I am more than happy to share my positive experience by leaving a Google review for Soul Legal. I believe it is important for others who find themselves in similar situations to know about the exceptional service your firm provides. Blessings and gratitude to you all.
Robyn. LApplecross Resident 6153

FAQ

Most frequent questions and answers regarding motor vehicle injury claims

The insurer isn’t on your side; it manages its own funds. In a system where you have to prove your losses, a lawyer who knows the assessment criteria and is prepared to run a matter to court gives you a stronger position at the negotiating table.

You pay no legal fees unless your claim succeeds. On a successful claim, most of your costs are usually recovered from the other side, and any gap comes from the settlement. Disbursements can often be covered by Legal Aid for meritorious claims, because Soul Legal is on the Legal Aid panel.

Get medical attention and have every injury recorded. Report the crash at crashreport.com.au and lodge with ICWA. Then get legal advice before accepting or signing anything.

Yes, provided that it can be established that a driver of a registered motor vehicle was at least partly at fault

Generally you will not be able to make a claim. There are, however, exceptions to this general rule in the case of a catastrophic injury. If you were completely at fault or where it is not possible to establish the negligence of another party and you are catastrophically injured, you can still claim compensation for your loss.

The state Government introduced the Catastrophic injuries support scheme on 1 July 2016 to provide lifetime treatment, care and support to everyone catastrophically injured in a motor vehicle accident in Western Australia.

In Western Australia, there is only one compulsory third party insurer, ICWA. If you have made due search and inquiry to ascertain the identity of the vehicle and have given ICWA a statement for the basis of your claim, you can still be compensated for your loss.

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A Fatal Accidents Act claim can be brought on your behalf if you are a relative or in a de-facto relationship with the deceased. You will be compensated to the extent that you were financially dependent on the deceased.

Majority of our claims are settled without having to go to court. If, however, amicable terms of settlement cannot be reached by agreement with the insurer, going to court is an option that we are capable of pursuing on your behalf.

n addition to your motor vehicle accident claim, you may be eligible to make a Superannuation Total and Permanent Disability (“TPD”) benefit claim if you have been rendered totally unfit for work.

If you were previously injured at work or in a car accident and have already received a lump sum payment, this will not preclude you from receiving a further lump sum payment in a Superannuation TPD claim.

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