Have you been injured in a motor vehicle accident and it wasn't your fault? You may be entitled to compensation. Here is everything you need to know about making a motor vehicle accident claim and what you can expect from the claims process.
Personal injury claims
In Western Australia, MVA claims are a type of personal injury claim. What this means is that you can make claims for car accidents in Western Australia if:
- You’re injured in a road accident.
- Someone else’s negligence caused your injury.
Not sure if you’ve got a personal injury claim? Don’t worry. An experienced personal injury lawyer can assess the details of your case and quickly tell you if they think you’ve got a claim.
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Compulsory Third-Party Insurance (CTP)
Insurance companies pay compensation if there’s a motor vehicle accident and they accept the validity of the claim. That’s why every vehicle owner in WA must have Compulsory Third-Party Insurance (CTP). It is an offence to drive without it.
So, who can make a claim with the insurance company, and what type of injuries can someone claim for?
Who can make a claim
In Western Australia, you can make a car accident claim if you’re a:
In other words, you don’t need to be driving a car to make a claim. All that matters is that you’re injured on the road and it’s wholly or partly someone else’s fault.
If you or a family member suffers a catastrophic injury, including spinal cord injuries, permanent blindness, or multiple amputations, you might be able to claim even if it’s unclear who was to blame for the accident.
What’s really important is that you must bring a motor vehicle accident claim within 3 years of the date of the accident. Otherwise, the claim is out of time, and you won’t be entitled to compensation.
Contact us as soon as possible to avoid time barring your case.
Types of injuries you can claim for
You can claim personal injury compensation for:
- Physical injuries
- Emotional distress (also known as pain and suffering, and loss of enjoyment of life)
- Loss of earnings
The types of MVA claims you can make include:
- Family members suffering psychological trauma following a car accident
- Children injured in a motor vehicle accident
- Injuries to drivers or their passengers, even if the offending driver is uninsured or driving an unregistered vehicle
- Road users injured while travelling to work
- Single vehicle road accidents
If you’re unsure whether you can make an MVA claim, you should contact us as soon as possible for a free initial consultation.
The level of compensation you receive depends on various factors including the severity of your injuries and whether you’re partly to blame for the accident. When you make claims for a car accident, the type of compensation you can claim for includes:
- Loss of earning potential
- Medical expenses
- Home modification and living assistance costs
- Travel costs
- Loss of enjoyment of life
- Distress, pain, and suffering
If you’re partially to blame
Even if you’re partly to blame for the accident, you can still make a claim. You will, however, receive less compensation than you’d be entitled to if you were blameless. This is why it’s so important to contact a motor vehicle accident claims lawyer — we can ensure that blame apportionment is fair, and that you still receive the maximum amount of compensation you’re entitled to.
Scenarios where you might be held partly responsible for the accident — or the severity of your injuries — include:
- Driving without a seatbelt
- Driving under the influence of drugs or alcohol
- Riding in a car as a passenger with a drunk driver
- Riding a bicycle or motorcycle without a helmet
If you’re wholly responsible for the accident, or it’s a “blameless accident” where no one is at fault, you could still be entitled to some form of compensation. Contact us for advice.
The claims process
If you’re involved in a motor vehicle accident in WA, here’s what to do.
- Report the accident to the police within 28 days.
- Obtain insurance and contact details from the other party.
- Get immediate medical attention for injuries sustained.
- Contact us right away to find out the next steps.
If your MVA claim is successful, you’ll receive a lump-sum payment.
Arrange a free initial consultation
If you or a loved one has been in a motor vehicle accident within the last 3 years, contact Perth City Legal right away. Our highly trained motor vehicle accident lawyers can ensure you receive the maximum amount of compensation you’re entitled to, and we’ll be with you every step of the way.
Reach out now for motor vehicle accident claim assistance offered by Perth City Legal.
The information in this article is for information purposes only and shouldn’t be considered legal advice. If you’re involved in a road accident, you should seek assistance from Perth City Legal as soon as possible.