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No-fault scheme welcomed by leading lawyers

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Media Release

Published on

A no-fault insurance scheme to cover road users who are seriously injured regardless of who caused the crash, has been welcomed by leading personal injury lawyers.

Karina Hafford from national law firm, Slater and Gordon, said today’s announcement by the State Government was a significant win for people who were catastrophically injured in car crashes but couldn’t identify anyone at fault.

'In arriving at this decision the Western Australian Government is leading the country with an approach to catastrophic injuries,” Ms Hafford said.

“A no-fault based scheme will protect the common law rights of people who are innocently injured, yet also takes a humane approach towards catastrophically injured people whether or not they caused an accident.

“It will offer much better support for people who have sustained a significant and permanent disability such as traumatic brain, spinal cord injury or multiple amputations.

“This scheme will be an important safety net for people who are catastrophically injured on our roads but may not be able to establish who was at fault.

“We congratulate the Government and the Insurance Commission of WA on an inclusive, well-run consultation process.”

Ms Hafford said she was satisfied the new scheme would ensure no-fault benefits would not come at a cost to the common law rights of innocent people injured through no fault of their own.

“Under the scheme, all catastrophically injured people will be given the support and services they need,” she said.

“It continues to allow those who were not at fault to maintain their common law rights to receive lump sum compensation and have greater control over their recovery and future.”