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FAQs

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Are there specific laws in Australia regarding motor vehicle accidents that I should be aware of?

Yes, there are specific laws in Western Australia that relate to motor vehicle accidents and the responsibilities of drivers involved in such incidents. Being aware of these laws is crucial if you’re involved in an accident. Here are some key points:

Duty to Stop and Assist: Under the Road Traffic Act 1974 (WA), if you are involved in a traffic accident, you have a legal obligation to stop and assist anyone who has been injured. Failure to do so can result in serious legal consequences.

Exchange of Information: You are required to exchange names and addresses with the other parties involved in the accident. If there is property damage, you must provide registration numbers and other relevant details.

Reporting to Police: In Western Australia, you must report the accident to the police if anyone is injured or if there is significant property damage. The definition of ‘significant’ can vary, so it’s often safer to report any accident with noticeable damage.

Insurance Requirements: Western Australia requires all motorists to have compulsory third party (CTP) insurance. This insurance is part of your vehicle registration and covers you for personal injury claims made against you by other road users if you are at fault in an accident.

Making a Claim: If you’re injured in a motor vehicle accident, you can lodge a claim with the Insurance Commission of Western Australia (ICWA). This needs to be done as soon as possible, typically within 12 months of the accident.

Time Limits for Legal Action: There are time limits for taking legal action related to motor vehicle accidents. Generally, you have three years from the date of the accident to commence court proceedings for personal injury claims.

Modified Comparative Negligence: Western Australia follows a system of modified comparative negligence. This means if you are partially at fault for an accident, your compensation may be reduced by your percentage of fault.

Use of Mobile Phones: It’s illegal to use a handheld mobile phone while driving. This includes texting, calling, or using any other function of the phone.

Seat Belts and Child Restraints: There are strict laws requiring the use of seat belts for all passengers and appropriate child restraints for children.

Alcohol and Drug Limits: Strict limits apply to alcohol consumption for drivers. It is also illegal to drive under the influence of drugs.

Understanding these laws can help you navigate the aftermath of a motor vehicle accident more effectively and ensure compliance with local regulations. If you’re involved in an accident, it’s often advisable to consult a lawyer, especially for guidance on legal obligations and rights in the context of Western Australian law.

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