Claiming against the Insurance Commission of WA

If you need to make an ICWA claim you pretty much have two options, engage an MVA lawyer to act on your behalf, or represent yourself. While there’s no right or wrong way to go about it, having legal representation will definitely maximise the value of your claim.

It’s also worth noting that the insurance commission of Western Australia will normally have to pay for most of your legal costs if your case is successful, so don’t let that put you off instructing a professional. If your case is unsuccessful, you’re covered by no win no fee.

Who can make a claim?

To be eligible to make a claim you generally must have:

  • not been at fault or only partly at fault for your accident
  • been injured as a driver, passenger, pedestrian, motorcyclist, pillion, or
  • a loved one was fatally injured in the accident and you were financially dependent on that person (dependency claim).

This applies to drivers and passengers of:

If you or a loved one has been seriously injured in an accident either you or that person is unable to establish who was at fault, you may be eligible for Catastrophic Injuries Support.

You can also make a claim if you are unable to identify the other vehicle or driver, they were uninsured.

What can you claim for?

Compulsory third party insurance (CTP) in WA covers victims for the following:

  • Ambulance Services
  • Hospital Services
  • Nursing Services
  • Medical Services
  • X-Rays
  • Medication
  • Equipment
  • Dental Services
  • Medical Aids
  • Rehabilitation Services
  • Therapy Services
  • Household Support Services
  • Travel
  • Compensation for the Inability to Work
  • Pain and Suffering

How to claim?

To get the ball rolling with your claim you should follow the following three steps:

  1. Complete an online crash report on the insurance commission of WA’s website
  2. Get in touch with the insurance commission and ask them for a claims form
  3. Complete any of the relevant paperwork and return it to them

If at any point you feel unsure or

Contributory negligence

If you have been in an accident, however, it’s deemed you may have partly contributed to your injuries, you may still be eligible for compensation but your final amount may be reduced. Below are some of the things that are considered contributory negligence

  • not wearing a seatbelt;
  • not wearing a helmet while riding a motorbike, scooter or bicycle;
  • riding unrestrained in an open-top vehicle;
  • partly responsible for the crash; or
  • driver was under the influence of alcohol or drugs.

The amount that your final compensation amount can be reduced by is not set in stone, it’s something that is generally negotiated between a claimant, a lawyer or the insurance company.

Your obligations

Your statutory obligations for reporting a crash, or making claim for a crash, are set out in legislation.

When dealing with the Insurance Commission of Western Australia you are required to:

  • provide honest and factual information
  • Provide information so they can manage your claim; and
  • Attend medical examinations and any settlement conferences they ask you to attend