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Motor Vehicle Accidents

As much as we try to stay out of harm’s way, even the safest drivers can’t always trust the road. After an accident happens it can be difficult to know what to do next, especially if you’re dealing with injuries.

As the trusted name in law, we understand the difficulties of motor vehicle accidents. You can rely on us to help you get everything you’re entitled and be with you every step of the way.

You can also find comfort in knowing that the majority of our claims are settled by negotiations without the need to involve going to court.

WHAT IS THIRD PARTY INSURANCE?

You may have heard of the term ‘Third Party Insurance’ in reference to motor vehicle accident claims, but not know exactly what it means or how it relates to you.

Third Party Insurance is a form of insurance set up by a body of the Western Australian Government, called The Insurance Commission of Western Australia (ICWA), 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.

WHO CAN CLAIM?

your injury, loss or damage was caused as a result of another person’s negligent driving

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.

WHAT AM I ENTITLED TO?

There are statutory thresholds in place that 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, so we can explain to you 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.

HOW WE CHARGE (FEES)

NO WIN, NO FEE**Contact us for details

At D’Angelo Legal you do not pay any legal fees (except for some disbursements) unless you receive a lump sum settlement. - 'No Win No Fees'.

If you receive a lump sum compensation, the insurer, generally in addition to your settlement sum, also pays 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.

If you’ve been injured in a car accident, contact D’Angelo Legal today for a no obligation free first consultation (should you not proceed), to determine your rightful compensation to which you may be entitled.

NO WIN, NO FEE**Contact us for details

First Consultation Is Free
(if you don't proceed)

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