Your right to compensation is qualified by the Motor Vehicle (Third Party Insurance) Act (the Act).
You may have been injured whilst driving, as a passenger, or when a pedestrian. As long as your injury was caused, in whole or part, by the neglect of another person in the control of a motor vehicle, you have a valid claim, even if your injury was partly your own fault.
If the negligent party was driving a vehicle which is registered in Western Australia, your claim will be against the Insurance Commission of Western Australian (ICWA) as the negligent party's insurer.
Upon notification the ICWA will investigate the accident to ascertain whether it was caused in whole or in part as the result of the negligence of its insured.
The ICWA will also issue you a claim number.
If the accident was caused in whole or in part by the negligence of a driver of a vehicle registered in another State, your claim will be against the insurer in the State in which the vehicle is registered.
For example:
However, if the accident happened in Western Australia, the relevant law applicable to your claim is that of Western Australia and accordingly you shall have the same right to compensation as if the accident was caused by a driver of a vehicle registered in Western Australia.
Once it is established that you have a claim you will be, subject to qualification, entitled to:
These are losses and expenses which you have sustained as a result of your injuries. These may include:
1.1 Past and future Loss of Earnings.
1.2 Past and future Medical Expenses.
1.3 Past and future Pharmaceutical Expenses.
1.4 Past and Future services you require as a result of your injuries e.g. cost of a carer, housekeeper etc.
General Damages is the amount of money to which you are entitled, to compensate you for such things as:
• Pain and suffering.
• Loss of enjoyment of life.
• Loss of amenities.
• Trauma, shock.
• Inconvenience.
• Stress.
The amount of general damages to which you will be entitled will depend on numerous factors including:
• The severity of your injuries.
• How they affect you.
• Your age.
• Your pre-accident condition.
In Western Australia, there exist a number of restrictions on your right to general damages. These limitations increase regularly and currently are as follows:
If your assessment of general damages is less than $17,000.00 you will not be entitled to any general damages. If your assessment of general damages is between $17,000.00 and $51,000.00 then the sum of $17,000.00 will be deducted from your award of general damages.
If your assessment of general damages is between $51,000.00 and $68,000.00 then the amount deducted from your award of general damages reduces from $17,000.00 where general damages are assessed at $51,000.00, to zero where general damages are assessed at $68,000.00.
General damages awards of $68,000.00 or more are not subject to any deductions. Further, a cap of $337,000 is placed on any award of General Damages. This cap of $337,000 is reserved for a most extreme injury. However, all injuries are assessed as a percentage of a most extreme injury. Set out below is a table of the amounts payable for general damages depending on the percentage of the injury when compared to a most extreme case, taking into account the restrictions outlined above.
More details: Non-Pecuniary Loss Reference Sheet (Correct as of the 1st of July 2010)
If you are a dependant of somebody killed as the result of the negligent use of a motor vehicle, you may also have a claim for injury as a result of the injury or death of another.
If you suffer psychological damage, stress or anxiety as the result of witnessing or being made aware of an accident you may also have a claim for such losses.
If you are the parent or guardian of a child injured in a motor vehicle accident your child can bring a claim through you, for such injuries.
Upon settlement of such a claim, which will be subject to the District Courts' approval, the proceeds are placed in trust until the child reaches 18. There is usually a power given to the Trustee to use such funds for the educational needs of the child until he/she reaches 18.