Motor Accident Western Australia (WA)

Western Australia operates on a 'fault' based motor accident scheme.

The scheme covers persons who have sustained a personal injury as a result of a vehicle registered in Western Australia's negligence anywhere in Australia. It also covers dependants of people who have been fatally injured in a motor vehicle accident and the scheme may be responsible for reasonable expenses of the fatally injured.
As Western Australia has a fault based scheme, if you are the driver of the vehicle and you are injured, it is essential you prove the other driver was negligent.

The Personal Injury scheme of Western Australia covers the following if they are found to be not at fault:

• drivers
• pedestrians
• motor cyclists or pillion passengers
• passenger in a motor vehicle
• bicyclists

If you are found to be partly at fault in the motor vehicle accident, it may still be possible for you to make a claim, however your compensable amount may be reduced based on the percentage of your contributory negligence.

Time Limits

You must lodge a Notice of Intention to Claim Form as soon as possible following the motor vehicle accident. If you do not lodge this claim, you may not be able to make a claim for your injuries. If this concerns you, contact us to discuss this as soon as possible.

Once the Notice of Intent to Claim is made, you have up to 6 years from the date of your motor vehicle accident to make a claim.

If the injured person is under 18 at the time of the motor vehicle accident, they have up to 6 years from the 18th birthday to lodge a claim. In the event the motor vehicle accident involves fatality, court proceedings must be issued within one (1) year from the date of the accident.

What Can I Claim?
In Western Australia, there are three types of damages available

• General Damages (non pecuniary loss)
• General Damages (pecuniary loss)
• Special Damages

General Damages (non pecuniary loss)

This covers pain and suffering for your injuries as well as any disability. These claims are subject to deductible amounts. The amount available is based on calculations for the year the claim is finalized, not the year the motor vehicle accident occurred.

General Damages (pecuniary loss)

This includes claims for future loss of earning capacity and treatments.

Special Damages

This covers any reasonable related expenses relating to your motor vehicle accident, including loss of earning capacity and medical expenses.

Please note this is general information, please contact Legal Injury today to discuss your potential claim further.