Motor Vehicle Accident Claims
The Insurance Commission of Western Australia manage all personal injury claims and deaths caused by a vehicle registered in Western Australia.
If you are involved in a motor vehicle accident you should seek medical attention immediately and notify the police as soon as possible if they do not attend the scene of the accident.
You should then contact the Commission and request a claim form. If you were the driver of the vehicle you must also request a crash report form. If you are contacted by an insurance investigator, we recommend you seek legal advice before you speak to the investigator.
Time limits
Strict time limits apply for making a claim for damages. In Western Australia you have three years from the date of the accident to commence proceedings in the District Court. Time limits apply whether you were the driver, passenger or pedestrian. You should seek legal advice if you are unsure of the limitation dates that apply to your claim.
The Insurance Commission of Western Australia
The Insurance Commission of Western Australia will conduct any negotiations and legal proceedings related to your claim. Once liability has been admitted, the Commission may pay for medical and other expenses reasonably incurred by you because of the injury.
You may be asked by the Commission to attend a specialist for a medico-legal assessment. A medico-legal specialist is different from the doctor who treats you for your injuries. A medico-legal specialist will assess your injuries for the purposes of providing a report only. You are entitled to a copy of the report.
If you have received an offer
If you do not have legal representation and the Insurance Commission of Western Australia have sent you an offer to settle your claim, we invite you to contact Perth City Legal to have us assess the fairness of the offer, based on your injuries, before you agree to it.
We will:
- thoroughly review the offer;
- thoroughly review the medical evidence; and
- provide you with our opinion as to whether we believe the offer is fair and reasonable.
We will offer objective advice about the appropriateness of the settlement offer. If we think that accepting the offer is in your best interest we will tell you so.
If we think it is inadequate, we may offer to act for you to negotiate a more appropriate settlement.