If you are injured in a motor vehicle accident, you should report the crash to the WA Police and make a statement.
You should also obtain medical treatment for your injuries.
The Insurance Commission of Western Australia has a form called the “Online Crash Report form” or “Notice of Intention to Claim form” that you can obtain online to lodge a claim for damages for personal injuries.
The Insurance Commission will then investigate your claim and determine whether or not to accept liability for the other driver’s negligence.
If liability is accepted, your claim becomes an assessment of damages only. In that case, you may be able to claim compensation for the following items:
- Loss of amenities
- Past economic loss, including loss of wages and superannuation
- Past medical expenses
- Travel
- Gratuitous services
- Future economic loss, including future superannuation
- Future medical treatment
- Legal costs
You have three years from the date of your accident to commence proceedings for personal injury due to your claim or finalise the claim by negotiating with the Insurance Commission. After that three-year period, you may be statute-barred and unable to make a claim.
If you require legal assistance in making a claim or in the assessment of any offer you have received as a result of making a claim, please do not hesitate to contact our office for advice.
Neville Marsh is a solicitor with JK Legal
