Western Australia has a government administered compulsory third party insurance scheme. This means that if a driver with Western Australian registration plates is at fault and causes personal injury in a car accident then you can make a personal injury claim through the Insurance Commission of Western Australia, the compulsory third party insurer set up by the government.
In this article we have set out the main things injured people should consider doing regarding their car accident personal injury claims in Western Australia.
Report the accident to the Insurance Commission WA
Section 29(1) of the Motor Vehicle (Third Party Insurance) Act 1943 states that:
A person shall not, in respect of the death or bodily injury to a person directly caused by, or by the driving of, an insured or an uninsured motor vehicle by another person which may, under the provisions of this Act, give rise to an action or proceeding for damages against either an insured person or the Commission, commence or maintain such an action or proceeding unless the person proposing to claim the damages or some person on his behalf has given to the Commission, as soon as practicable after the occurrence giving rise to the compensation claim, notice in writing prescribed by the regulations of his intention to make the claim.
In other words, if you are involved in a motor vehicle accident and want to claim for personal injury compensation you must give notice to the Insurance Commission WA. From a practical point of view this is so that the Insurance Commission WA can investigate your injury compensation claim while it is fresh in the minds of witnesses and obtain medical reports regarding the extent of your personal injuries. Please note it is vital important that a motor vehicle accident claim must be made within the limitation period.
You can give notice of your personal injury compensation claim:
- through your solicitor
- by asking the Insurance Commission for the appropriate forms; or
- online at crashreport.com.au.
Attend your General Practitioner
You should visit your general practitioner and ask them to make notes regarding your personal injury symptoms and their diagnosis.
Visiting your general practitioner is important as you are creating a paper trail that can be followed to show that your personal injuries are persisting. This is especially useful if there is likely to be a dispute about a pre-existing condition as your general practitioner is likely to have good records regarding your condition before and after the motor vehicle accident.
Keep Receipts and Send Them to the Insurance Commission WA
Generally, once an injury compensation claim is accepted the Insurance Commission will refund your medical expenses once your personal injury compensation claim is accepted. You should send your original receipts in to the Insurance Commission WA and keep a copy for your records.
At Foyle Legal, we are experts Lawyers at car accident injury compensation claims. If you have made a motor vehicle accident injury compensation claim, why not contact Foyle Legal Personal Injury Lawyers for an obligation free claim assessment.