Not At Fault Car Accident Lawyers In Perth

If you were injured in a WA car crash that wasn’t your fault, you claim against the at-fault driver, but the Insurance Commission of WA (ICWA) pays, because it is the only compulsory third party insurer in the state. You may be able to recover lost income, treatment and care costs, and pain and suffering. We act on no win, no fee, and we will tell you honestly where your claim stands.

You claim against the driver, but ICWA pays

WA has one compulsory third party insurer for every registered vehicle, the Insurance Commission of WA. That single point shapes how a not-at-fault claim runs, and it surprises most people who expect to chase the other driver.

One insurer, the at-fault driver

You make the claim against the driver who caused the crash, but compensation is paid by ICWA under the Motor Vehicle (Third Party Insurance) Act 1943. Even if a family member was driving, the payment comes from ICWA, not from them personally.

It is fault based

You can claim if another driver was wholly or partly at fault. ICWA decides liability from the crash reports and evidence, and it can accept a claim in part where you were partly to blame.

Report, then lodge a Notice of Intention

Lodge an Online Crash Report, then a Notice of Intention to Make a Claim with ICWA. You get a claim reference number so treatment providers bill ICWA directly while your claim runs.

It usually ends in a lump sum

Most claims are settled by negotiation with ICWA and paid as a single lump sum. Court is the path only if a fair settlement cannot be reached.

What an ICWA claim can cover

A not-at-fault claim is about far more than repairing the car. WA law lets you recover across several heads of damage, and the income and care components are often the largest.

Loss of income. Past wages already lost, and future loss of earning capacity if you cannot return to the same work or hours.
Medical and rehabilitation. Treatment, surgery, physiotherapy, medication and counselling, billed to ICWA against your claim number.
Care and domestic help. Paid care, and unpaid (gratuitous) help from family once it passes the gratuitous services threshold of $7,000 for 2025/26.
Travel for treatment. The reasonable cost of travelling to and from your approved treatment.
Pain and suffering. Compensation for the non-economic effect of the injury, payable once your assessed amount passes the threshold (covered below).
Dependency, after a fatal crash. If you depended on a relative who died, a claim is available under the Fatal Accidents Act 1959, including funeral costs.

The pain and suffering threshold most drivers never hear about

In WA, pain and suffering is only payable once your assessed amount passes a minimum threshold, which is $26,500 for 2025/26. Below it, you recover nothing for pain and suffering, only your income and treatment losses.

Above the threshold, a deductible reduces the award, and that deductible phases out completely above $103,000, with a maximum of $501,000. ICWA indexes these figures every year. The practical effect: a genuine but moderate soft tissue injury can sit close to the line, so the medical assessment of your injury, and who carries it out, often decides whether you receive anything for pain and suffering at all. This is the single most important reason not to settle before your injuries have been properly assessed.

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The 5-Point Not-at-Fault Claim Check

Run your situation through these five points before you respond to ICWA. Each is tied to how the WA scheme works in practice, and each can move what your claim is worth.

1. Is there an at-fault driver to claim against?

The scheme is fault based, so you generally need another driver who was wholly or partly to blame. If the driver is unidentified, or you were at fault but catastrophically injured, other paths can still apply (see below).

2. Have you lodged the crash report and Notice of Intention?

ICWA expects the Notice of Intention within 6 months. Lodging late does not automatically end the claim, but court action generally must start within 3 years, so the clock matters..

3. Will your injury clear the pain and suffering threshold?

Pain and suffering only pays above $26,500 for 2025/26, with the deductible gone above $103,000. A careful injury assessment can be the difference between nothing and a real award.

4. Have your injuries stabilised?

Future income loss and treatment can only be valued once your condition has settled and your doctors can describe the long-term picture. Settling before that can leave money behind.

5. Is there a superannuation TPD claim on top?

If your injuries leave you unable to work, you may also have a Total and Permanent Disability claim through your superannuation. It is separate from the motor vehicle claim, and a settlement on one does not automatically rule out the other.

When you can still claim even if it looks like you can’t

Plenty of injured people never call a lawyer because they assume their situation rules them out. In WA, several of those situations still have a path.

If you were partly at fault

You can still claim, reduced

As long as another driver was at least partly to blame, you can claim. Your award is reduced in proportion to your share, known as contributory negligence, for things like speeding or not wearing a seatbelt.

If the driver took off

Hit-and-run and unidentified drivers

You can claim against ICWA where the vehicle cannot be identified, provided you have made due search and inquiry to find it and have given ICWA a statement setting out the basis of your claim.

If you were at fault but seriously hurt

The Catastrophic Injuries Support Scheme

Since 1 July 2016, anyone catastrophically injured in a WA crash gets lifetime treatment, care and support regardless of fault. It covers spinal cord injury, traumatic brain injury, severe burns and certain amputations.

If you lost a loved one

Dependency claims after a fatal crash

If you depended on a relative who died in a crash, you can claim under the Fatal Accidents Act 1959 for the financial support and services you have lost, along with funeral expenses.

Your Claim, Step by Step

Here is what working with us looks like from your first call through to a settlement, and why a serious claim cannot be rushed.

1. Send your documents first

Before we meet, you get a secure link to upload your crash report, medical records and anything else from the accident, so the first meeting starts with the facts already in front of us.

2. Your first meeting

We talk through what happened, set out the steps that protect your rights with ICWA, and walk through the no win, no fee terms with an estimate of fees that would only apply if the claim succeeds.

3. We wait for your injuries to settle

This is the step people do not expect. Your claim can only be valued accurately once your injuries have stabilised and your doctors can describe the long-term outlook. With serious injuries that can take a year or more, especially where surgery is still to come.

4. Evidence, then negotiation

We gather the medical and financial evidence, put your case to ICWA, and aim to settle without a court hearing. In practice that runs from about 6 to 18 months, and longer where the matter is complex.

5. Court only as a last resort

If ICWA will not agree to a fair figure, we can take the claim to court, which generally has to begin within 3 years of the crash.

What no win, no fee really costs you

If your claim does not succeed, you do not pay our legal fees. The detail worth understanding is how the costs work when it does succeed.

When a claim succeeds, we recover party and party costs from the insurer, which usually covers most of what you owe us. The remainder, the solicitor and client costs, comes out of your settlement at the end, and on our matters that remainder is usually no more than 10 percent of the damages. Separately, a claim has out-of-pocket expenses along the way, such as fees for medical reports. Those are disbursements, and because Soul Legal sits on the Legal Aid Panel, Legal Aid will usually fund them for a meritorious claim when you cannot. Read the full no win, no fee terms.

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The Soul Legal Injury Compensation Lawyers Experience

Over 100 Years of Collective Expertise

Soul Legal’s Directors Kevin Wong, Rebecca Sorgiovanni and their team contribute over 100 years of collective expertise in compensation law across Western Australia

Established Track Record

Soul Legal has built an established track record of numerous successful claims totalling substantial compensation awards for injured clients throughout Perth and surrounding regions

Trusted By Local Government Employees

Soul Legal is trusted by the Local Government Racing and Cemeteries Employees Union, an organisation established in 1903 representing workers’ rights

The Injuries We Act on After a Crash

Physical injuries

Whiplash and soft tissue injuries, fractures, spinal injuries, head and brain injuries, internal injuries, and injuries to drivers, passengers, motorcyclists, cyclists and pedestrians. Have every injury recorded early, even ones that seem minor, because soft tissue damage can worsen over the following weeks and a gap in your records gives ICWA room to dispute it.

Psychological injuries

A serious crash can cause anxiety, depression and post-traumatic stress, sometimes well after the physical injuries have healed. These can form part of a claim when supported by evidence from a psychologist or psychiatrist. As with physical injuries, the assessed severity is measured against the pain and suffering threshold.

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FAQ

Most frequent questions and answers regarding motor vehicle injury claims

How do I make a not-at-fault car accident claim in WA?

Get medical attention and have every injury recorded, lodge an Online Crash Report, then lodge a Notice of Intention to Make a Claim with ICWA. You claim against the at-fault driver, but ICWA pays, because it is the compulsory third party insurer for WA-registered vehicles. Getting legal advice early helps you avoid steps that can weaken the claim.

How long do I have to make a claim?

ICWA expects a Notice of Intention to Make a Claim within 6 months of the crash, though lodging late does not automatically end your claim because ICWA has to show it was prejudiced by the delay. A firmer limit applies to court action: under the Limitation Act 2005 you generally have 3 years from the accident to start proceedings. Different rules apply for children and people under a legal disability.

What can I claim for?

Past and future loss of income, medical and rehabilitation costs, travel for treatment, paid and unpaid (gratuitous) care, and pain and suffering. If a relative died in a crash and you depended on them, a dependency claim is available under the Fatal Accidents Act 1959. What you recover depends on your injuries and losses.

Is there a threshold for pain and suffering?

Yes. Pain and suffering is only payable once your assessed amount passes a minimum threshold, which is $26,500 for 2025/26. A deductible reduces awards above that and phases out entirely above $103,000, with a maximum of $501,000. ICWA indexes these figures each year, so a fair injury assessment matters.

Can I still claim if I was partly at fault?

Yes. You can claim as long as another driver was at least partly at fault. Your compensation can be reduced in proportion to your share of the blame, known as contributory negligence, for things like speeding or not wearing a seatbelt. ICWA can also partially accept a claim.

What if the other driver took off or cannot be identified?

You can still claim against ICWA after a hit-and-run or where the vehicle cannot be identified, provided you have made due search and inquiry to try to identify it and have given ICWA a statement setting out the basis of your claim. Reporting promptly and noting witnesses helps.

What if I was at fault but seriously injured?

The Catastrophic Injuries Support Scheme, introduced on 1 July 2016, provides lifetime treatment, care and support to anyone catastrophically injured in a WA motor vehicle crash, regardless of fault. It covers injuries such as spinal cord injury, traumatic brain injury, severe burns and certain amputations.

Will I have to go to court?

Most claims settle by negotiation with ICWA without a court hearing. If a fair settlement cannot be reached, court proceedings can be started, and generally need to begin within 3 years of the accident. The realistic possibility of a court award is part of what drives a fair negotiated outcome.

Can I make a superannuation TPD claim as well?

Possibly. If your injuries leave you unable to work, you may be able to make a Total and Permanent Disability claim through your superannuation in addition to your motor vehicle claim. Receiving a motor vehicle settlement does not automatically rule out a separate TPD lump sum.