Motor Vehicle Claims
If you have been injured in a motor vehicle accident, you will have a valid claim for compensation where your injury has been caused, in whole or part, by the negligence of another driver.
Your claim will generally be against the insurer of the negligent driver.
- If the vehicle is registered in Western Australia, the defendant will be insured by the Insurance Commission of Western Australia ('ICWA').
- In other states the defendant will be represented by the relevant body in that jurisdiction, for e.g. in Victoria the TAC.
The applicable law will be the law of the jurisdiction in which the accident occurred.
Upon being instructed, we will investigate the accident circumstances to ascertain who was negligent and notify the relevant insurer.
Where the insured is found to be liable, you will be entitled to an amount of compensation which will (as far as possible) restore you to the position in which you would have been had the accident not occurred. This requires an assessment of the immediate and long-term impact of your injuries. The range of damages include:
- past and future loss of earnings;
- past and future medical expenses;
- past and future pharmaceutical expenses;
- past and future services; and
- general damages.
General damages include compensation for pain and suffering, loss of amenities, loss of expectation of life and disfigurement.
Most jurisdictions place restrictions on awards of general damages. In Western Australia the restrictions are contained in the Motor Vehicle (Third Party Insurance) Act 1943 (WA). The maximum amount of general damages that can be awarded is $350,000. All injuries are assessed as a percentage of the maximum. After making this assessment, subsequent deductions may apply. For example:
- if general damages are assessed as being less than $17,500, then general damages are not awarded;
- if general damages are assessed as being between $17,500 and $53,500, then a sum of $17,500 is deducted from the sum awarded; and
- if general damages are assessed as being between $53,500 and $70,500, then the sum deducted reduces from $17,500, where general damages are assessed at $53,500, to zero where general damages are assessed at $70,500.
Public Liability
Public liability laws vary from state to state. In WA, general damages for pain and suffering, loss of enjoyment of life and permanent disability caused by the injury are limited by a threshold of $17,500.
If you are seriously injured in a motor vehicle accident while overseas, we have access to lawyers with local knowledge, so you can be confident that you won't be disadvantaged just because you are away from home.
And if you are a visitor from overseas and are seriously injured in a motor vehicle accident while in Australia on holiday or business, we are able to communicate with you clearly and make sure you are not left exposed just because you are unfamiliar with the laws governing motor vehicle accidents in Australia.