Filter by accident type:
Medical Documentation: Keep records of medical treatments and bills.
Preserve Evidence: Keep photos, witness information, and any related documents.
Consult Legal Counsel: Seek advice from a lawyer experienced in motorcycle accident claims to protect your rights effectively.
Remember, laws and procedures may vary across different regions in Australia, so consulting with a local lawyer specialised in motorcycle accident claims is highly recommended.
Generally, there’s a time limit (limitation period) to file a claim. It’s essential to consult a lawyer promptly to adhere to these limitations.
Seek legal advice: A lawyer can explore options like government funds or pursuing the individual directly.
Medical expenses: Treatment, rehabilitation, ongoing care.
Lost wages: Compensation for time off work due to injuries.
Pain and suffering: Compensation for physical and emotional distress.
Property damage: Repair or replacement of the motorcycle.
Legal Guidance: Help navigate complex legal procedures.
Evidence Collection: Gather evidence to support your claim.
Negotiation: Advocate for fair compensation in settlements. Representation: Represent your interests in court if needed.
Head and brain injuries: Concussions, traumatic brain injuries.
Spinal cord injuries: Paralysis, nerve damage.
Fractures and broken bones: Arms, legs, ribs, etc.
Road rash and skin abrasions: Common due to lack of protection.
Helmet Use: Not wearing a helmet might affect the claim’s outcome, but it doesn’t necessarily bar you from seeking compensation entirely.
Injuries: Motorcycle accidents often result in severe injuries, impacting the compensation sought.
Insurance: Some insurance policies for motorcycles might differ from those for other vehicles.
Driver error: Failure to check blind spots, not giving motorcycles enough space.
Unsafe road conditions: Potholes, debris, or inadequate road maintenance.
Speeding: Excessive speeds can cause motorcycle accidents.
Alcohol or drug impairment: Impaired driving leads to motorcycle accidents.
Distracted driving: Using phones or being otherwise distracted while driving.
Safety First: Check yourself and others for injuries. Move to a safe location if possible. Contact Emergency Services: Call for medical assistance and police to report the accident.
Exchange Information: Get contact and insurance details from other involved parties.
Document the Scene: Take photos of the accident, vehicle positions, and any visible injuries.
Witness Information: Obtain contact details of witnesses if there are any.
If you’re involved in a serious accident in Australia, there are several crucial steps you should take to protect your claim and ensure your rights are preserved:
Ensure Safety: Firstly, make sure you and anyone else involved are safe. Move to a safe area if possible and turn on hazard lights to warn other road users.
Call Emergency Services: Dial 000 immediately if there are any injuries, threats to life, or significant property damage. The police and ambulance services will respond as needed.
Seek Medical Attention: Even if you don’t think you are seriously injured, it’s important to get checked by a medical professional. Some injuries, particularly internal ones, may not be immediately apparent.
Report the Accident to the Police: In cases of serious accidents, it’s mandatory to report the incident to the police. Obtain a copy of the police report as it’s an important document for your claim.
Gather Evidence at the Scene: If it’s safe and you’re able to do so, take photos or videos of the accident scene, including vehicle positions, damage, road conditions, and any relevant street signs or signals.
Exchange Information: Get the names, contact details, insurance information, and vehicle registration details of all parties involved in the accident. However, avoid discussing fault or liability at the scene.
Identify Witnesses: If there are witnesses, get their contact details as their statements can be valuable for your claim.
Notify Your Insurance Company: Inform your insurer about the accident as soon as possible. Be honest and factual about the incident, but avoid admitting fault or liability until you have legal advice.
Keep Records of Everything: Document everything related to the accident and your injuries. This includes medical reports, expenses, police reports, communication with insurance companies, and a diary of your physical and emotional state post-accident.
Seek Legal Advice: Contact a personal injury lawyer experienced in handling serious accident claims in Australia. At Accident Claims Lawyers we can provide guidance on your rights, help you understand the claims process, and represent you in negotiations with insurance companies or in court.
Avoid Social Media: Be cautious about what you post on social media regarding the accident. Insurance companies and lawyers may access your social media profiles, and your posts could impact your claim.
Follow Medical Advice: Adhere strictly to the treatment plan prescribed by your healthcare providers, as failing to do so could be used to argue that you didn’t take reasonable steps to mitigate the impact of your injuries.
Taking these steps can significantly impact the strength and success of your claim following a serious accident in Australia. Remember, each step not only helps in building a strong case but also ensures that your health and legal rights are prioritised.
A lawyer can provide invaluable assistance in handling your serious accident claim in Australia. Here’s how they can help:
Expert Legal Advice: Lawyers can explain the legal process, your rights, and what compensation you might be entitled to. They can guide you through the complexities of Australian personal injury law.
Evaluating Your Claim: They can assess the strength of your claim, including determining liability and estimating the potential compensation based on your injuries and other losses.
Gathering Evidence: Lawyers can help gather and organise the necessary evidence to support your claim, including medical records, police reports, witness statements, and expert testimonies.
Dealing with Insurance Companies: Lawyers are experienced in negotiating with insurance companies and can advocate on your behalf to ensure that you receive a fair settlement.
Representation in Court: If your case goes to court, a lawyer can represent you, handle all legal proceedings, and work to achieve the best possible outcome.
Maximising Your Compensation: They can help ensure that all aspects of your claim are considered, including current and future medical expenses, lost wages, pain and suffering, and any other relevant damages.
Managing Timelines and Paperwork: Personal injury claims involve strict deadlines and extensive paperwork. A lawyer can manage these administrative tasks, ensuring that your claim complies with all legal requirements.
Providing Peace of Mind: Knowing you have a professional handling your claim can provide peace of mind, allowing you to focus on your recovery.
Objective Viewpoint: A lawyer can provide an objective perspective on your case, helping you make informed decisions without the influence of stress or emotion.
Negotiating Settlements: If a settlement is offered, your lawyer can advise whether it’s fair and negotiate for a better offer if necessary.
It’s important to choose a lawyer who has experience with personal injury claims in Australia, particularly with serious accidents, as they will have a deeper understanding of the specific laws and processes relevant to your case.
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.
Deciding whether to accept an initial settlement offer for a serious accident claim in Australia requires careful consideration. Here are several factors to take into account:
Adequacy of the Offer: Evaluate whether the offer adequately covers all your current and future expenses related to the accident. This includes medical bills, rehabilitation costs, lost wages, future loss of earnings, pain and suffering, and any other damages.
Understanding the Full Extent of Your Injuries: It’s important to understand the full extent of your injuries and their long-term impact before accepting any offer. Settlements are final, so accepting an offer too early might mean you miss out on compensation for issues that emerge later.
Legal Advice: Consult with a personal injury lawyer before accepting any settlement. At Accident Claims Lawyers we can assess the offer’s fairness, negotiate on your behalf, and ensure that all potential costs and losses are considered.
Insurance Company Tactics: Be aware that insurance companies may offer a lower initial settlement to close the case quickly and economically. Their offer may not fully reflect the true value of your claim.
Negotiation Potential: Remember that initial offers are typically starting points for negotiation. You usually have the opportunity to negotiate for a higher amount.
Financial Needs: Consider your immediate financial needs, but balance them against the potential for greater compensation if you negotiate or go to trial.
Risks and Time of Litigation: Litigation can be lengthy and uncertain. Evaluate if the certainty of an immediate settlement outweighs the potential benefits of a larger award through litigation.
Terms of the Settlement: Understand all the terms of the settlement. Some settlements may have conditions attached, such as confidentiality clauses or waivers of future claims related to the accident.
Personal Circumstances: Consider your personal circumstances, such as the need for ongoing medical treatment, your ability to work, and the impact of the accident on your daily life.
Statutory Benefits and Entitlements: Be aware of your statutory entitlements under Australian law, as these may influence the settlement process and what you can reasonably expect to receive.
It’s generally advisable to take your time and not rush into accepting the first offer. Utilise legal expertise to guide you through the process, ensuring that any settlement adequately compensates for the harm you’ve suffered and supports your future needs.
The time it takes to resolve a serious accident claim in Australia can vary widely depending on several factors. Generally, it can range from a few months to several years. Here are some key factors that influence the duration:
Complexity of the Case: Complex cases, particularly those involving severe injuries, disputes over fault, or intricate legal issues, can take longer to resolve.
Severity of Injuries: The extent and nature of injuries significantly impact the timeline. Claims are often not settled until the full extent of the injuries is known, and the victim has reached maximum medical improvement.
Negotiation Process: The duration of negotiations with insurance companies or other parties can vary. While some may settle relatively quickly, others may involve prolonged negotiations, especially if liability or the compensation amount is contested.
Legal Proceedings: If the claim goes to court, the process can take much longer due to the complexities of litigation, including trial preparation, court schedules, and potential appeals.
Efficiency of Parties Involved: The responsiveness of all parties, including insurance companies, medical providers, and legal teams, can affect how quickly the claim is processed.
Settlement Discussions: Willingness of both parties to engage in settlement discussions and reach a compromise can expedite the process.
Specific State or Territory Laws: Different states and territories in Australia have varying procedures and regulations for handling serious accident claims, which can impact the timeline.
Rehabilitation and Recovery: The time it takes for the injured party to undergo treatment and rehabilitation can also influence the settlement timeline, as it impacts the assessment of long-term impacts and compensation needs.
For straightforward cases with clear liability and agreed-upon compensation, the process might be resolved within months. However, for more complicated cases, especially those requiring court intervention, it could take several years to reach a conclusion.
Given the complexities and variations in each case, consulting with a personal injury lawyer experienced in Australian law is advisable. They can provide a more accurate estimate based on your specific situation and ensure that your rights are adequately represented throughout the process.
In Australia, if you’re involved in a serious accident and pursuing a claim, there are various types of financial support and compensation that you might be eligible for, depending on the specifics of your case. These can include:
Medical Expenses: Compensation for medical treatment costs, including hospital fees, surgeries, medications, physiotherapy, rehabilitation services, and any future medical expenses related to your injuries.
Loss of Income and Earning Capacity: If your injuries prevent you from working, you can claim for lost wages. This also extends to future loss of income if your ability to work is impacted in the long-term.
Pain and Suffering: Also known as non-economic loss, this compensation is for the physical pain and emotional suffering caused by the accident. This might include compensation for a decreased quality of life or loss of enjoyment in life due to the injuries.
Home and Vehicle Modifications: If your injuries require modifications to your home or vehicle (such as wheelchair ramps, special beds, or vehicle hand controls), these costs can be included in your claim.
Care and Assistance: Costs for care and assistance, even by family members, can be claimed. This includes compensation for services you can no longer perform yourself, like household chores or personal care.
Out-of-Pocket Expenses: This covers any direct expenses incurred due to the accident, such as travel costs for medical appointments, hiring of equipment, and other related costs.
Legal Costs: In some cases, part of your legal expenses can be recovered as part of the claim.
Funeral Expenses: In the unfortunate event of a fatality, the deceased’s family can claim for funeral expenses and potentially other forms of compensation.
Punitive Damages: While less common in Australian law compared to other jurisdictions like the United States, punitive damages may be awarded in cases of egregious negligence to punish the wrongdoer.
Psychological Counselling: If the accident has resulted in psychological trauma, the costs for psychological treatment or counselling can also be claimed.
Each state and territory in Australia have its own specific laws and regulations governing compensation for serious accidents. Therefore, the availability and extent of these types of compensation can vary depending on where the accident occurred.
It’s highly recommended to consult with a personal injury lawyer who is experienced in Australian law, and specifically the laws of the state or territory where the accident occurred, to get a detailed understanding of the types of compensation you can seek and to ensure that you receive the full amount to which you are entitled.
Determining the validity of a serious accident claim in Western Australia involves several key considerations. To assess whether you have a valid claim, you should consider the following factors:
Negligence: Establishing that another party was negligent and at fault is crucial. Negligence means that the other party failed to take reasonable care to avoid causing injury or loss. This could involve reckless driving, speeding, driving under the influence, or other breaches of road safety rules.
Injury or Loss: There must be a demonstrable injury or loss as a result of the accident. This includes physical injuries, psychological trauma, property damage, loss of income, and other quantifiable losses.
Evidence: Having evidence to support your claim is essential. This can include police reports, medical records, witness statements, photos or videos of the accident scene, and any other documentation that can substantiate your claim.
Time Limits: Be aware of the time limits for filing a claim. In Western Australia, personal injury claims typically must be filed within three years from the date of the accident. Failing to file within this period can invalidate your claim.
Connection Between Accident and Injury: There needs to be a clear link between the accident and the injuries or losses you suffered. Medical evidence is crucial in establishing this connection.
Insurance and Compensation Laws: Understand the relevant insurance and compensation laws in Western Australia. For instance, claims often go through the Insurance Commission of Western Australia (ICWA) for motor vehicle accidents.
Legal Thresholds: For some types of compensation, particularly for pain and suffering, your injuries may need to meet certain severity thresholds.
Contributory Negligence: If you were partly at fault for the accident, it doesn’t necessarily bar you from making a claim, but it may reduce the amount of compensation you can receive.
Advice from a Personal Injury Lawyer: Consult with a personal injury lawyer who is experienced in Western Australian law. At Accident Claims Lawyers we can provide a professional evaluation of your case, help you understand your legal rights, and guide you through the process of making a claim.
Insurance Policy Terms: If the claim involves dealing with insurance companies, understanding the terms of the relevant insurance policies is important. This can influence the nature and extent of compensation you may be entitled to.
Remember, each case is unique, and the validity of your claim will depend on the specific circumstances surrounding your accident. Getting a professional legal opinion is often the best course of action to accurately determine the strength and validity of your claim.
Motor vehicle accidents in Western Australia, as in other regions, can result in a range of serious injuries. The nature and severity of these injuries often depend on factors such as the type of accident, the speed at which the vehicles were traveling, whether the occupants were wearing seatbelts, and the safety features of the vehicle. Common serious injuries include:
Traumatic Brain Injuries (TBIs): These can range from mild concussions to severe brain damage. TBIs can result in long-term cognitive, emotional, and physical impairments.
Spinal Cord Injuries: These injuries can lead to partial or complete paralysis (paraplegia or quadriplegia). They often have life-altering consequences, requiring long-term care and assistance.
Fractures and Broken Bones: Serious fractures, especially to the pelvis, legs, arms, and ribs, are common. Some fractures can be complex and require surgical intervention and prolonged rehabilitation.
Internal Injuries: Blunt trauma from accidents can cause internal injuries, such as internal bleeding, organ damage, or punctured lungs. These injuries can be life-threatening and require immediate medical attention.
Whiplash and Neck Injuries: Whiplash is a common injury in rear-end collisions, causing pain and damage to the muscles and ligaments in the neck. In severe cases, it can lead to chronic pain and disability.
Amputations: In severe accidents, victims may suffer traumatic amputation of limbs or require surgical amputation due to extensive injury to a limb.
Burns: These can occur in accidents involving fires or explosions and can range from minor to severe, potentially leading to scarring, disfigurement, and the need for skin grafts.
Psychological Trauma: Accidents can also lead to significant psychological impact, including conditions like post-traumatic stress disorder (PTSD), anxiety, and depression.
Soft Tissue Injuries: These include injuries to muscles, tendons, and ligaments. While some soft tissue injuries can be minor, others can be severe and lead to long-term pain and disability.
Back Injuries: Serious back injuries, including herniated discs and spinal fractures, can cause chronic pain and limit mobility.
It’s important for victims of motor vehicle accidents to seek immediate medical attention, as some serious injuries may not be immediately apparent. The long-term impact of these injuries can be significant, often necessitating ongoing medical treatment, rehabilitation, and potentially impacting the victim’s ability to return to work or engage in previous activities. In cases of serious injury, it may also be advisable to consult with a personal injury lawyer to explore options for compensation and support.
Under Australian law, the definition of a “serious accident” can vary depending on the context and the specific legislation being referred to. However, generally, a serious accident in the context of motor vehicle accidents usually involves one or more of the following elements:
Serious Injuries: This typically includes injuries that are life-threatening, result in significant long-term impairment or disfigurement, or require extensive medical treatment and rehabilitation. Examples include spinal injuries, traumatic brain injuries, amputations, and other severe trauma.
Fatalities: Any accident resulting in the death of one or more individuals is considered a serious accident.
Significant Property Damage: Accidents that result in substantial property damage, such as the total destruction of a vehicle or significant damage to infrastructure, can also be classified as serious.
Involvement of Vulnerable Road Users: Accidents involving pedestrians, cyclists, or motorcyclists are often considered more serious due to the higher risk of significant injury to these more vulnerable road users.
Hazardous Material Release: If the accident involves the release of hazardous materials, like chemical spills, it’s typically classified as serious due to the potential for widespread harm.
Legal Consequences: An accident may be deemed serious if it leads to significant legal consequences, such as charges of dangerous or reckless driving, driving under the influence of alcohol or drugs, or vehicular manslaughter.
Public Impact: Accidents that affect a large number of people, cause significant traffic disruptions, or draw considerable public or media attention may also be considered serious.
It’s important to note that each state and territory in Australia may have specific definitions or thresholds for what constitutes a serious accident, especially in the context of legal proceedings, insurance claims, or police reporting requirements. In legal terms, the definition of a serious accident can influence the nature of charges brought in criminal cases or the entitlements and obligations in insurance and compensation matters.
For state specific advice, the team at Accident Claims Lawyers are happy to help.
You are entitled to claim compensation for your injuries if you were not at fault for the accident. Examples include: Pain and suffering for most types of injuries including soft tissue injuries Past and future loss of earnings/loss of sick leave Past and future medical expenses Travel and out of pocket expenses Care and Assistance.
Every vehicle in Western Australian (WA) has compulsory third party (or CTP) insurance as part of the Rego you pay. This covers the driver for injuries they may cause to other road users in Australia. The Insurance Commission of Western Australia (ICWA) manages the scheme and claims compensation for people who have been injured as a result of an accident that was not their fault.
Personal Injury claims can be complex and become overwhelming when trying to navigate this yourself. Seeking legal advice after a motor vehicle accident will remove the level of stress you can experience when dealing with the Insurer. Your focus should be on your recovery and by having a lawyer support you with the claim we can prepare all the evidence required to move the claim along as quickly and smoothly as possible. If you are feeling uncertain on what your rights are when looking to claim for a personal Injury, please contact us at Accident Claims Lawyers. Our dedicated team will be more than happy to help you.
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.
Specialised Expertise: At Accident Claims Lawyers we specialise in motor vehicle accidents, possessing specific legal expertise and a deep understanding of the complexities of traffic laws and compensation claims in Western Australia.
Local Knowledge: Being based in Western Australia, we are well-versed in the state’s specific legal environment, including statutes, case law, and procedures relevant to motor vehicle accident claims.
Experience with Insurance Companies: At Accident Claims Lawyers, we have considerable experience dealing with insurance companies and understand the tactics that may be used to minimise claim amounts. This expertise can be vital in negotiating fair settlements.
Client-Centric Approach: We have a client-focused approach, offering personalised service and understanding the emotional and physical impact of motor vehicle accidents on our clients.
Comprehensive Case Handling: From gathering evidence, consulting medical experts, to representing clients in negotiations and court proceedings, at Accident Claims Lawyers we handle all aspects of a claim, removing any unnecessary stress on you.
The time it takes to settle a motor vehicle accident claim in Western Australia can vary greatly depending on several factors. Typically, the process can take anywhere from a few months to several years. Here are some key factors that influence the duration:
Complexity of the Case: Complex cases, especially those involving serious injuries, disputes over fault, or complicated legal or insurance issues, tend to take longer to resolve.
Severity and Nature of Injuries: If injuries are severe or require ongoing treatment, it may take longer to determine the full extent and impact of these injuries. Settlements are often delayed until a clear picture of the long-term effects and costs is established.
Negotiations with Insurance Companies: The length of negotiations can vary. Some insurance companies may settle relatively quickly, while others may take more time, especially if there are disputes over liability or the amount of compensation.
Legal Proceedings: If the case goes to court, this can significantly extend the timeframe due to the complexities of legal proceedings, including scheduling and court availability.
Response Times and Cooperation: The efficiency of communication and cooperation between all parties involved (such as insurance companies, medical providers, legal teams) can affect the settlement time.
Rehabilitation and Recovery Time: Full understanding of the victim’s long-term prognosis and recovery can delay settlements, as it’s often advisable to wait until the victim reaches maximum medical improvement.
Willingness to Settle: The readiness of both parties to negotiate and reach an agreement can either shorten or lengthen the process.
As a rough guideline, straightforward cases might be resolved in a few months, while more complex cases, particularly those going to court, can take several years. It’s important for individuals involved in such claims to seek advice from a personal injury lawyer who can provide a more specific timeline based on the details of the case and ensure that their rights and interests are adequately represented throughout the process.
Yes, in Australia, you can still claim compensation even if you were partially at fault for a motor vehicle accident. This is based on the principle of ‘comparative negligence’, which applies in most Australian states and territories. Here’s how it works:
Comparative Negligence: Under this system, each party involved in an accident is assigned a percentage of fault. Your compensation amount can be reduced by the percentage of fault attributed to you. For instance, if you are found to be 30% at fault for the accident, your compensation may be reduced by 30%.
Contributory Negligence: In some cases, if your actions contributed to your injuries, this may be considered contributory negligence. However, this does not necessarily bar you from receiving compensation; it just means that the compensation could be adjusted to reflect your share of the responsibility.
Limits of Claims: There are limits on this principle. If you are found to be more at fault than the other party (usually more than 50%), the possibility and amount of compensation you can receive might be significantly affected.
Variations by State/Territory: The exact rules and how they are applied can vary depending on the state or territory where the accident occurred. Therefore, it’s important to be aware of the specific laws applicable in your area.
Statutory Benefits: In some regions, you may be entitled to certain statutory benefits regardless of fault, particularly for immediate medical expenses and loss of income. These are usually covered under compulsory third-party (CTP) insurance schemes.
Legal Advice: Given the complexity of determining fault and how it affects compensation, it’s advisable to seek legal advice. A lawyer experienced in personal injury law, especially within the relevant jurisdiction, can provide guidance on your rights and the best approach to your claim.
Remember, even if you think you were partly at fault, there are still options available for seeking compensation. It’s important to get expert advice to understand your position and to ensure that your claim is handled correctly.
In Western Australia, if the other party involved in a motor vehicle accident is uninsured or underinsured, there are specific provisions in place to assist:
Insurance Commission of Western Australia (ICWA): The ICWA acts as a default insurer in cases where the at-fault party is uninsured. If you’re injured in an accident caused by an uninsured driver, you can lodge a claim with the ICWA. They will assess and handle your claim as they would with any other motor vehicle injury claim.
Own Insurance Coverage: If you have comprehensive car insurance, your policy might cover the damages to your vehicle, even when the at-fault party is uninsured. Check your policy details or contact your insurer for clarification.
Suing the Uninsured Driver: You have the option to sue the uninsured driver for damages. However, this can be a complex process and there’s a risk that the uninsured driver may not have the financial means to pay the compensation.
Underinsured Motorist Coverage: If you have underinsured motorist coverage as part of your insurance policy, it can provide additional coverage when the at-fault driver’s insurance is insufficient to cover all damages.
Legal Assistance: Consulting with a personal injury lawyer can be beneficial. They can advise you on the best course of action, assist with claims against the ICWA, and help in dealing with your own insurance company.
Reporting: Always report the accident to the police and your insurance company. A police report is important, especially when dealing with uninsured or underinsured motorists.
In situations involving uninsured or underinsured drivers, the process can be more complicated. It’s important to seek appropriate advice and support to navigate these challenges effectively. The ICWA provides a crucial safety net in these cases, ensuring that individuals have a means to seek compensation for injuries sustained in motor vehicle accidents, regardless of the insurance status of the at-fault party.
Deciding whether to hire a lawyer for a motor vehicle accident claim in Western Australia depends on various factors. Here are some considerations that might help you decide:
Complexity of the Case: If your case involves complex legal issues, significant injuries, or substantial financial claims, having a lawyer can be beneficial. Lawyers are experienced in navigating the legal system and can help ensure that your rights are protected.
Severity of Injuries: If you have suffered serious injuries, a lawyer can help in accurately calculating the compensation you deserve, including long-term medical costs, loss of earnings, and pain and suffering.
Dispute Over Fault: If there is a dispute about who was at fault in the accident, or if you are being blamed unfairly, a lawyer can help gather and present evidence to support your case.
Dealing with Insurance Companies: Insurance companies often have experienced legal teams, and dealing with them can be challenging. A lawyer can negotiate with the insurance company on your behalf to ensure you receive a fair settlement.
Understanding Legal Rights and Options: A lawyer can explain your legal rights, the potential outcomes of your claim, and any time limits for filing a claim. They can also guide you through the complexities of the legal process in Western Australia.
No Win, No Fee Arrangements: Some lawyers offer ‘no win, no fee’ arrangements, which means you only pay legal fees if you receive a settlement or win the case. This can make legal services more accessible if you are concerned about upfront costs.
Peace of Mind: Having a lawyer can provide peace of mind, as they can handle all aspects of your claim, allowing you to focus on your recovery.
However, for minor accidents with no injuries or very clear-cut circumstances, you might decide to handle the claim yourself. It’s important to weigh the potential benefits of hiring a lawyer against the complexity and specifics of your case.
In Western Australia, determining fault in a motor vehicle accident claim typically involves assessing which party (or parties) were negligent and contributed to the cause of the accident. The process generally includes the following considerations:
Police Reports: The police report is a key document in determining fault. It contains details about the accident, observations by the responding officers, and sometimes includes their assessment of who was at fault.
Traffic Laws: Violation of traffic laws, such as speeding, running a red light, or driving under the influence, can be a strong indicator of fault. The investigation will consider whether any traffic laws were broken and how that contributed to the accident.
Witness Statements: Statements from witnesses can provide crucial information about the circumstances of the accident, such as the behaviour of drivers, road conditions, and the sequence of events.
Evidence from the Scene: This includes photographs or videos of the accident scene, skid marks, vehicle damage, and any other physical evidence that can shed light on what happened.
Driver Statements: The accounts of the drivers involved are also considered. However, it’s important to be cautious in these statements and ideally consult with a lawyer before providing a detailed account.
Expert Analysis: Sometimes, accident reconstruction experts are brought in to analyse the evidence and provide a professional opinion on how the accident occurred and who was at fault.
Insurance Investigations: Insurance companies conduct their own investigations to determine fault, which can include reviewing all of the above elements.
It’s important to note that Western Australia operates under a ‘modified comparative negligence’ system. This means that compensation can be reduced if the claimant is found to be partly at fault for the accident. If a claimant is found to be more than 50% at fault, they may not be eligible for compensation.
Due to the complexities involved in determining fault and the impact it can have on a claim, it is advisable to seek legal advice, particularly from a lawyer experienced in Western Australian motor vehicle accident law. At ACL we can provide guidance, represent your interests, and help ensure that the fault is assessed fairly.
In Western Australia, if you’ve been involved in a motor vehicle accident and have suffered injuries, you may be entitled to various types of compensation. The compensation is typically managed by the Insurance Commission of Western Australia (ICWA) and can include:
Medical Expenses: Compensation for medical treatment, hospitalisation, rehabilitation, and any other healthcare costs associated with the injuries from the accident.
Loss of Earnings: If your injuries have caused you to miss work, you may be eligible for compensation for lost wages or earnings. This can include past lost earnings as well as future loss of earning capacity if your ability to work is affected in the long term.
Pain and Suffering: Depending on the severity of your injuries, you may be eligible for compensation for pain and suffering. This is usually awarded in cases of significant and long-term physical or psychological trauma.
Home Modification and Care Costs: If your injuries require you to modify your home (like installing ramps for wheelchair access) or you need ongoing care, compensation may cover these costs.
Travel Expenses: Reimbursement for travel costs related to medical treatment or rehabilitation can also be claimed.
Legal Costs: In some cases, a portion of your legal fees may be covered as part of the compensation.
It’s important to remember that the specifics of what compensation you are entitled to will depend on the details of your case, including the severity of your injuries, the impact on your life, and the coverage of the relevant insurance policies.
Given the complexity of personal injury law and the variations in individual circumstances, consulting with a personal injury lawyer experienced in motor vehicle accidents in Western Australia is advisable. At ACL we can provide a more detailed understanding of your entitlements and assist you in navigating the claim process.
In Western Australia, the general time limit for filing a motor vehicle accident claim is within 3 years from the date of the accident. This timeframe applies to personal injury claims arising from a motor vehicle accident.
It’s important to note that the process typically begins with notifying the Insurance Commission of Western Australia (ICWA), which manages motor vehicle personal injury claims in the state. The ICWA advises that you should lodge a claim as soon as possible after the accident to ensure your rights are protected and to facilitate a timely resolution.
However, there can be specific circumstances or exceptions that might affect this timeframe, so it’s always recommended to seek legal advice as soon as possible following an accident. A lawyer specialising in personal injury law, particularly with experience in motor vehicle accidents in Western Australia, can provide detailed guidance tailored to your specific situation. At ACL we have a team of experienced individuals ready to assist.
If you’re involved in a motor vehicle accident in Australia, there are several important steps you should take to ensure your safety, comply with legal requirements, and protect your rights. Here is a general guide:
You are entitled to claim compensation for your injuries if you were not at fault for the accident.
Examples include:
You will not pay any upfront costs. We only receive payment at the end of your case, when your compensation is paid. It is then that we prepare your final account, setting out our professional legal costs and the outlays incurred in your claim.
We work on a no-win no fee basis, which means that you don’t pay us anything unless we win your case for you.
We only take payment for our legal fees at the end of your case when your compensation is paid. It is then that we prepare your final account, setting out our professional legal costs and any medical outlays incurred in your claim.
Once our legal fees are deducted, the remaining funds are transferred to your nominated bank account which usually clear within 24 to 48 hours.
We will arrange for you to see an independent specialist doctor.
Our role is to negotiate a settlement with the insurer. Some claims can take longer than others, however we aim to ensure you receive your compensation as quickly as possible.
It is important that your first step is to seek medical advice as soon as possible.
When you are involved in an accident some injuries can take a few days to surface as your body has dealt with a shocking situation.
TPD claims can be complex and become overwhelming when trying to navigate through this process yourself. Seeking legal advice will remove the level of stress when dealing with the superfund or insurer.
With TPD, there can be a lot of grey areas and by having a lawyer to support you with the claim, we can prepare all the evidence required to move the claim along as quickly and smoothly as possible.
If you are feeling uncertain on what your rights are when looking to claim on TPD please contact our team at Accident Claims Lawyers. Our dedicated team will be more than happy to help you.
Some symptoms of a fracture are:
There are three types of bone fracture:
An initial loss of consciousness is usual in a concussion. Less severe symptoms can include headaches, confusion, problems with memory, balance, speech and dizziness.
A concussion occurs as a result of a heavy impact on the head. It is one of the most common brain injuries to result from motor vehicle accidents.
Whilst some cases of whiplash can resolve with some simple exercises, rest and pain medication, for some, there can be lasting effects which require a treatment plan including rehabilitation, conditioning and prescribed medication or injections.
The symptoms of whiplash are most commonly neck pain, ranging from mild neck stiffness or a reduced range of movement. There can be some instability in the neck, headaches or shoulder/upper back pain. In some cases, there can be weakness, some radiating pain or paraesthesia (pins and needles) into the shoulder or arms.
Whiplash is also known as cervical acceleration-deceleration (CAD) syndrome. It occurs when the neck and head are suddenly forced backwards and forwards, which puts the cervical spine through quick, extreme emotion and stress. Motor vehicle accidents cause most cases of whiplash.
A serious head injury is defined by its effect on the victim’s day-to-day life. A significant impact on the head can hinder normal brain functioning. A person may not be able to work again, look after themselves or connect with others like they did before.
If you or a loved one has experienced a severe head injury, do not suffer alone. We can help you get the compensation and care you deserve, so you can start to rebuild your life.
The most common symptoms of a severe head injury are:
Please note that many of these symptoms don’t appear immediately after an accident, so you should monitor your loved one closely in the days following.
The head is an extremely fragile part of the body. A severe impact on the skull can cause a long-term injury. The most common causes include:
There are four specific types of paralysis:
There’s no one cause of paralysis. It can occur naturally due to health conditions like strokes. However, it can also occur after an accident where the victim suffers trauma to the head or spine, such as:
Spinal cord injuries typically present with a few key symptoms, including:
People can sustain spinal and back injuries in several ways. Some of the main reasons people to come us include:
If the insurer accepts liability for your claim, then you will receive benefits under the Workers Compensation Act.
The major benefits may include:
Other benefits payable may include:
Any injuries sustained in the workplace as well as occupational illnesses. In addition, repetitive injuries, such as carpal tunnel syndrome, are also covered.
We are a respected no win no fee injury compensation law firm, which means that you do not pay us anything until the successful case outcome.
If your case is successful, we will receive your compensation payment at which point we prepare your final account. It is important to note that it is at this ‘win’ point, our professional legal costs will be deducted as agreed at the beginning of the case. These will be clearly laid out in your statement.
Once the legal fees are deducted from the compensation, the remaining funds are transferred to your nominated bank account within 24 to 48 hours.
No. It is against the law for an employer to terminate an employee’s contract for reporting an accident in the workplace.
Many of our clients are concerned about future employment and how making a claim will affect them in their current role. All employers have a responsibility for the health and safety of their employees. Workers compensation insurance protects you and their business. By law you are not required to disclose you have claimed via workers compensation.
All claims are dealt with Workcover WA and not direct with the employer.
Getting your lawyer on board quickly will provide you with the reassurance you need. Our lawyers will ensure you will receive expert advice.
The first thing we will do is find out why your employer is refusing to approve your claim. For example, what is your employee status? Are you an independent contractor and not an employee? Or is the employer claiming that the injury is not work-related or that you were intoxicated when the incident occurred? We will work with your employer and the Insurer to explore their rejection.
If you are injured at work, and the incident was not your fault, you should contact us as soon as possible.
If you do have a claim that we can progress with, we will act on your behalf with the Insurer who are responsible for paying out the compensation.
As your lawyer, we will work on your recovery options with your rehabilitation team and will arrange for your injuries to be assessed by an independent medical expert whose report will be used to support your claim.
We use the medical expert’s report to advise you on the value of your claim. When you approve the claim value, we will proceed to settle your claim with the Insurer.
In our experience, the majority of cases settle at negotiation stage at which point you would receive your compensation.
Accidents at work can result in lifelong injuries or unpaid leave. It is important you seek legal advice as soon as possible so that you are prepared to cover any unknown medical costs, rehabilitation or even major operations.
In the initial stages, your employer does not need to be aware of your claim and the advice on whether you have a claim to make is free!
Workers’ compensation insurance helps to protect businesses and their employees from financial loss when an employee is hurt on the job or gets sick from a work-related cause.
Also known as workman’s comp, workman’s compensation, and workers’ comp, the aim is to help protect workers from potentially devastating costs of work-related injuries.
Workers’ compensation also helps to guard employers from potential damages that could affect the financial and corporate responsibility status of their business should they not have protection.
Personal Injury claims can be complex and become overwhelming when trying to navigate this yourself. Seeking legal advice will remove the level of stress one can experience when dealing with the Insurer. Your focus should be on your recovery and by having a lawyer support you with the claim we can prepare all the evidence required to move the claim along as quickly and smoothly as possible.
If you are feeling uncertain on what your rights are when looking to claim for a personal Injury, please contact us at Accident Claims Lawyers. Our dedicated team will be more than happy to help you.
Every vehicle in Western Australian (WA) has compulsory third party (or CTP) insurance as part of the Rego you pay. This covers the driver for injuries they may cause to other road users in Australia. The Insurance Commission of Western Australia (ICWA) manages the scheme and claims compensation for people who have been injured as a result of an accident that was not their fault.
You are entitled to claim compensation for your injuries if you were not at fault for the accident.
Examples include:
You will not pay any upfront costs. We only receive payment at the end of your case, when your compensation is paid. It is then that we prepare your final and only account, setting out our professional legal costs and the outlays incurred in your claim.
We work on a no win no fee basis, which means that you don’t pay us anything unless we win your case for you. On a case win you receive compensation or damages for your accident injuries.
We only take payment for our legal fees at the end of your case when your compensation is paid. It is then that we prepare your final and only account, setting out our professional legal costs and any medical outlays incurred in your claim.
Once our legal fees are deducted, the remaining funds are transferred to your nominated bank account which usually clear within 24 to 48 hours.
As soon as you make your claim, we will arrange for you to see an independent specialist doctor.
Our role is to negotiate a settlement with the insurer. Some claims can take longer than others, however we aim to ensure you receive your compensation as quickly as possible.
It is important that your first step is to seek medical advice as soon as possible.
When you are involved in an MVA some injuries can take a few days to surface as your body has dealt with a shocking situation.
If you are seriously injured at the accident site and are taken to hospital, you should ….
Make sure you complete an Online Crash Report or report to the police to ensure the accident has been documented.
Gather any evidence that may help with a claim, for example dash cam footage, photographs.
If your claim is declined, you have the right to dispute this with the insurer or you can reach out to the superannuation complaints tribunal or the financial service ombudsman. It is best to seek legal advice as soon as possible.
TPD payment made through the superannuation will incur tax payments This may also affect any Centrelink payments you may be eligible for. It may be in your best interest to seek financial advice when receiving a lump sum payment to help mitigate the tax and any Centrelink benefits.
We can also assist you with experts within this area that will help review the tax liability and look at ways to assist in reducing the tax you pay.
This will depend on the arrangement made with the insurer at application time. You may also hold more than one policy as you may have different superfunds. Some clients hold more than one superfund. You can check this with the ATO.
It is in your best interest to disclose all illness as the insurer may request all medical records. By providing all the medical evidence this will help us to assess the claim. Please note some policies may have an exclusion for pre-existing conditions. Wording around pre-existing exclusions may be included in the policy document / Product disclosure document.
To lodge a TPD claim, you will need to contact your insurer or superfund and request the appropriate claims documents. The insurer may also ask for medical evidence relating to your injury/illness.
Most insurers will require two medical professionals to sign off that you are unable to work in any occupation (this will be in the policy wording). For some conditions you may need to meet the required waiting period.
Claiming on a TPD benefit means you are not working for at least 3 months. What this means is you must meet a minimum of 3 month waiting period before lodging your claim with the insurer. Please note that some policies may also have a 6 month waiting period.
Many will be unaware that they may already have TPD cover as a result of automatic cover held within your superannuation and / or other insurances that they hold.
An example of this is when you commence work with a new employer and join the employers default superannuation fund where an automatic Insurance cover can be applied.
You should check your superannuation statement to check what cover you may have.
Total Permanent Disability (TPD) is a type of Insurance cover, in which an individual is no longer able to work due to injuries. Total permanent disability, also called permanent total disability, applies to cases in which the individual may be unable to work again due to severe injuries.
However, each insurer has a different definition of what it means to be totally and permanently disabled and this is why it is important to understand the policy wording.
Case study: Mrs T was a passenger in a motor vehicle that was involved in a head-on collision. Amongst other injuries, she sustained a burst fracture of her spine resulting in paraplegia. Consequently, Mrs T was unable to continue to work as she now was reliant on care and assistance due to her limited mobility.
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