Yes, in Western Australia, you can still make a serious accident claim even if the incident was partially your fault, thanks to the legal principle of comparative negligence. Here’s what you need to know:
Comparative Negligence: This principle allows you to recover compensation even if you are partly to blame for the accident. However, your compensation will be reduced by the percentage of fault attributed to you.
Determining Fault: The degree of fault for each party involved in the accident is assessed based on the circumstances of the incident. This assessment will influence the amount of compensation you can receive.
Proportional Compensation: For example, if you are found to be 30% at fault for the accident, your compensation will be reduced by 30%. This means you would receive 70% of the total compensation amount determined for your claim.
Insurance Claims: The Insurance Commission of Western Australia (ICWA) handles motor vehicle accident claims in the state. They will consider the details of the accident and the extent of your injuries, even if you are partly at fault.
Legal Thresholds: Some types of compensation, particularly for pain and suffering, may have legal thresholds that need to be met. This can be influenced by the extent of your fault in the accident.
Seek Legal Advice: It is advisable to consult with a personal injury lawyer who can guide you through the process, help determine the extent of your liability, and work to maximize the compensation you can receive.
Honesty in Claims: When making your claim, it’s important to be honest and forthcoming about the circumstances of the accident, including any role you may have played in it. Misrepresenting facts can lead to a denial of your claim or legal penalties.
Time Limits: Be mindful of the time limits for making a claim. In Western Australia, personal injury claims typically have a time limit of three years from the date of the accident.
Remember, even if you share some of the blame for the accident, you still have the right to seek compensation for your injuries and losses. The process may be more complex, but a personal injury lawyer can help navigate these complexities and work towards a fair outcome.