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motor vehicle accidents

The Insurance Commission of Western Australia (ICWA), a body established by the Western Australian 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.

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’.
In some circumstances you may be entitled to claim compensation even if you were partially to blame for the accident. This is referred to as apportionment of liability for contributory negligence.

There are statutory thresholds in place which limit the amount you may recover for general damages  depending on the amount. It is assessed on the basis of certain percentages of the worst case. For further information please contact D'Angelo Legal to explain in detail how the thresholds relate to your claim.

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

  • General Damages for pain, suffering and loss of enjoyment of life due to the injuries sustained (subject to thresholds);
  • Expenses for medical treatment (including medication costs);
  • Travel expenses;
  • Economic loss  both past and future (including lost employment opportunity and loss of superannuation entitlements);
  • Future medical costs;
  • An allowance for past and future care assistance (referred to as gratuitous services) which are also subject to a threshold.

There is a three year statutory time limit from the date of accident (for accidents occurring on or after 15 November 2005) in respect of personal injury compensation claims, and it is important to seek legal advice as soon as is practicable.

Contact D’Angelo Legal today for a no obligation first free consultation should you not proceed, to determine your rightful compensation to which you may be entitled .

At D’Angelo Legal you can find comfort in the fact knowing that the majority of claims are settled by negotiations without the need to involve going to court.

At D’Angelo Legal you do not pay any legal fees (except for disbursements) unless you receive a lump sum settlement.

If you receive a lump sum compensation the insurer will also pay a contribution towards your legal costs (referred to party/party costs).

Our legal fees are charged according to the Scale Rates allowed by the relevant legislation.
Therefore, if you have been injured in a car accident, contact D’Angelo Legal for a name you can trust and a team that understands the needs of injured persons and  who will  endeavour to ensure that you receive the maximum compensation to which you may be entitled.

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