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Injured in a car accident and unable to work? Your guide to claiming compensation.

Car accidents are unexpected, scary and can change your life in a second. If you have been involved in an accident on the road and suffered an injury that requires you to take time off work, it’s only natural to worry about the financial impact.

Whilst recovering, the last thing you need is more emotional and financial stress due to lost wages or covering expensive medical bills. There are, however, a range of compensation options to explore.

Below we’ve compiled a list of common questions to help you navigate your motor vehicle accident claim and understand your entitlements. Read on to find out more.

Can I claim Compulsory Third Party (CTP) Insurance?

In Western Australia, all registered vehicles include a CTP insurance policy that covers drivers in the event their negligent driving causes a personal injury.

The Insurance Commission of Western Australia (“ICWA”) is the insurer that provides Compulsory Third Party insurance in WA. This means, that if your injury was caused by another driver’s negligence, a claim with ICWA should be considered.

When making a claim, you may be eligible for the following compensation:

  • pain and suffering
  • loss of earnings including superannuation (past and future)
  • medical expenses (past and future).

Successful claims with ICWA are generally awarded through a lump sum payment, but it may be possible to get periodic payments for your lost income in situations of financial hardship.

Can I make a Total Permanent Disability (TPD) Claim?

If you have sustained an injury that stops you from completing fundamental, day-to-day tasks at work, you may also be entitled to make a TPD claim through your superannuation policy. This is a separate claim you may be entitled to make, in addition to a CTP insurance claim.

TPD claims can be made regardless of who was at fault in the accident, so these claims should definitely be considered if you sustain a career-altering injury.

If you already have an ICWA claim, you can still make a TPD claim if you meet the criteria.

Can I make an Income Protection Insurance Claim?

If you have income protection insurance, your rights will depend on the specific details of that policy.

However, if you receive Income Protection payments, you should also consider whether you are entitled to make either an ICWA or a TPD claim. In some cases, you may be entitled to additional benefits by pursuing both types of claims.

Can I make a Workers’ Compensation Claim?

If your car accident occurred whilst you were driving directly to and from work, you will likely be entitled to lodge a Workers Compensation claim.

You may be eligible if your car accident occurred while travelling:

  • between your home and work
  • to or from training relating to your work
  • between jobs with separate employers
  • for work-related reasons (e.g., a meeting, event or conference) locally, interstate or overseas.

However, as with income protection, you may also be entitled to pursue an additional ICWA and/or TPD claim. This will depend on several factors including who was at fault in the accident and the extent of your injuries.

Stephen Browne are your motor vehicle accident claim experts

When it comes to car accidents, understanding your potential entitlements is important for getting the financial support you need and deserve.

Stephen Browne Personal Injury lawyers are experts in motor vehicle accident claims and can take the stress and guesswork out of your situation, so you can focus on your recovery. Contact us today for an obligation-free consultation on (08) 9463 5360 to find out if you have a claim.

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