Motor Vehicle Accident Claims - Western Australia    

ICWA Claims, Compensation

What is ICWA and what does it do?

The Insurance Commission of Western Australia (ICWA), a body established by the Western Australia government, is a Third Party Insurer set up to provide compensation for people who are injured or die as a result of a motor vehicle accident.

The motor vehicle third party personal injury insurance policy is combined with the registration premium for every licensed vehicle.

The area of law in relation to personal and fatal injury claims as a result of a motor vehicle accident is governed by the Motor Vehicle (Third Party Insurance) Act 1943 (the Act).

What benefits could you be entitled to?

Generally, the law contained in the Act deals with the rights of an injured person. To succeed in a personal injury claim resulting from a motor vehicle accident you must be able to prove that your injury, loss or damage was caused as a result of another person’s negligent driving of a Western Australian registered motor vehicle.

If you can prove that your injury is the fault of another person then you may be entitled to claim compensation, or ‘damages’, as they are more commonly known.

An award of damages may include all or some of the following:

• General Damages for pain and suffering, loss of enjoyment of life;
• Medical and related expenses;
• Travel expenses; and
• Financial loss (including past and future income loss)

Why seek legal advice about compensation?

Very few injury claims are straightforward. For this reason it is important that an injured person seeks legal advice from a registered legal practitioner who is experienced in personal injury claims as soon as possible.

It is important that you seek independent legal advice to ensure that

• You are aware of the time limits for reporting the accident to the police, lodging a claim with ICWA and initiating Court proceedings;
• You are aware of the parameters for compensation, including statutory thresholds, caps and deductibles;
• You gather evidence in support of your claim.

How much compensation is available?

The Motor Vehicle (Third Party Insurance) Act 1943 poses restrictions on the recovery of damages for pain and suffering and loss of amenities of life, or what we call “General Damages”. There is a statutory maximum amount of general damages which may be awarded (currently $309,000). There is also a deductible statutory minimum below which no general damages may be awarded ($15,500.00) and a formula for circumstances where the amount of damages is more than the minimum but less then the maximum. The maximum amount may be awarded only in what is described as a most extreme case (i.e. a person who suffers injuries that render him/her quadriplegic).

The amount of General Damages that may be awarded to you will be dependant on a number of factors, including, but not limited to, the following:

• The personal particulars of the injured person e.g. age, size, sex;
• The particular nature of the accident;
• The treatment received by the injured person; and
• The particular effect the injuries have had upon the injured person’s lifestyle.

In order to make their specific assessment within this range the court will assess the evidence provided by medical specialists and by the injured person.

The law in regard to earnings lost as a result of injuries sustained in a motor vehicle accident is separate to that of general damages. A recent change in the law restricts claims for economic loss in that any loss is disregarded to the extent that it would exceed three times the average weekly earnings (of full time adult employees in Western Australia) at the date of the award. An entitlement to damages for economic loss is of course dependant upon proving that in the past and/or in the future a claimant will suffer loss of income as a result of their injuries.

An injured person is entitled to claim for any “out of pocket expenses” directly related to their injury. This includes cost of travelling expenses to and from appointments and outstanding medical expenses. A claim can also be made for damages for reasonable future medical expenses as established by medical evidence.

The Act imposes restrictions on damages for provision of home care services that have been or are to be provided to a claimant. If homecare services are provided for 40 hours or more per week, then the amount of damages is not to exceed the amount calculated as the average weekly total earnings of all employees in Western Australia for the relevant quarter as estimated and publish by the ABS. If services are provided for less than 40 hours per week, the hourly rate is calculated by dividing the weekly rate by 40.

The Act also imposes a threshold for an award of damages for home care services. Currently, if the amount of gratuitous assistance is calculated as being less than $5,000.00 no damages for home care services are to be awarded.

How soon after my accident should I engage a lawyer?

It is very important to engage lawyers soon after your accident. Valuable evidence may need to be gathered whilst it is still available and fresh in people’s minds. For example, we may need to photograph and inspect vehicles, view accident sites or interview witnesses.

The quality of the evidence may affect the compensation amount we can obtain for you.

ICWA has its own panel of lawyers that will often begin working on the claim shortly after your accident. These lawyers are engaged to advise ICWA about its obligation to pay compensation to you. They are not working to assist or advise you about your claim. ICWA may engage investigators to examine the circumstances of your accident. This information may then be used by ICWA in defending any claim that you may make. It is therefore critical that you have someone protecting your interests in the investigation process. Slater & Gordon Lawyers will do that for you.

Can I claim compensation if a family member has died?

If your partner or family member dies as a result of another person’s negligent driving of a Western Australian registered motor vehicle, a limited type of compensation is available to the people who were financially dependant on the deceased or received unpaid services in the home from the deceased.

Dependants of the deceased may only claim for the economic loss that they have suffered, or for the value of the lost services.

Unfortunately the law does not provide compensation for the grief associated with the death of or injury to a family member. However, if you can prove that you have suffered a recognised psychiatric injury as a direct consequence of the ‘shock’ of the death, you may be able to make a claim. You must be able to prove that the death or injury was caused by negligence.

How will I pay for the legal fees?

Slater & Gordon pioneered the No Win - No Fee™ scheme. This means you do not pay for professional fees unless your case is successful. This scheme is available for transport accident claims. You will receive a document setting out the details of the scheme after your first appointment. We are not retained as your lawyers until the document is signed and return to us.

Our Motor Vehicle Accident (MVA) claims lawyers

The Slater & Gordon Perth MVA group is lead by lawyers who practice solely in personal injury law. It is the accumulated experience of our lawyers, working exclusively in this area that enables us to provide you with individual and expert advice in all aspects of your motor vehicle accident claim. We are committed to open and direct communication with you to ensure that you obtain the best possible outcome.

For information, please contact any of the MVA lawyers listed below.

Our People in Perth

Phillip Gleeson
Laura Angel