FAQ
Most frequent questions and answers regarding motor vehicle injury claims
Usually yes. Being partly at fault generally reduces your compensation in proportion to your share of the blame. It doesn’t automatically end the claim, as long as a driver of a registered vehicle was at least partly to blame.
Generally you can’t claim if you were wholly at fault. The main exception is a catastrophic injury. The WA Catastrophic Injuries Support Scheme, which started on 1 July 2016, provides lifetime treatment, care and support to people catastrophically injured in a motor vehicle accident, regardless of fault.
According to ICWA’s most recent annual report, the median time to finalise a motor injury claim is about 17.5 months. Around 80% of liability decisions are made within 25 business days, but the full claim usually takes much longer, especially where injuries are still changing.
Not every claim needs one. But whiplash and soft tissue neck injuries are the most common motor injury claims in WA, and between the pain and suffering threshold, the evidence required, and how much ICWA contributes to legal costs on successful claims, most people with ongoing symptoms or lost income benefit from getting advice early.
It doesn’t automatically end your claim. You need clear medical evidence linking the worsening of your condition, or the new symptoms, to the crash. This is exactly where specialist medical reports make a difference.
ICWA is the only compulsory third party insurer in WA. If you’ve made due search and inquiry to identify the vehicle and have given ICWA a statement as the basis of your claim, you may still be compensated for your loss.
You pay no legal fees unless your claim succeeds. On a successful claim, the majority of legal fees are usually paid by the Defendant. Any gap that can’t be recovered is deducted from the settlement at the end. Disbursements, like medical report fees, may apply while the claim runs, and these are often covered through Legal Aid for clients who can’t meet them in meritorious claims, as Soul Legal is on the Legal Aid Panel.
In some cases yes. You can request an advance payment from ICWA if you’re in financial hardship while your claim is being assessed, rather than waiting until the end.
Most claims settle without going to court. If a fair settlement can’t be reached with the insurer, court proceedings are an option we can pursue on your behalf.