Motor Vehicle Accident Injury Insurance covers 2.8 million vehicles in Western Australia. This mandatory insurance fee is paid for upon registration of any motor vehicle in Western Australia. If you’re involved in an accident where you were not at fault, this insurance ensures that in the unfortunate event that you’re injured, regardless of if it is minor or catastrophic, your medical treatment and expenses will be covered by the Insurance Commission of Western Australia.
Past and Future Medical Treatment
It goes without saying that if you’re injured in a car accident it is likely that medical assistance will need to be sought, whether for small cuts and scrapes, bruises, muscle strains, bone fractures, or any other injury ranging from mild to catastrophic. The Insurance Commission of WA will compensate you for the reasonable and requisite expenses incurred and to a maximum threshold as outlined by the Australian Medical Association’s recommended rates and according to the scale of fees set out by WorkCover WA. Before receiving medical treatment, it is always recommended to enquire as to the practitioner’s fees, as the cost may exceed the amount allowable by the Insurance Commission of WA. Any gap that is not covered by the ICWA will be payable by you. The following non-exhaustive list of expenses details common costs claimed by injured persons:
- Ambulance transport from the car accident site to the hospital.
- Emergency triage costs at a hospital.
- Medical treatments provided by specialist doctors whilst in hospital.
- Home nurse visits after you are discharged from hospital.
- Travel expenses to and from medical and related appointments.
- Household support services such as cleaning and gardening services.
- Medical imaging (X-ray, CT scan, MRI etc).
- Pharmaceutical costs.
- Equipment (hired or purchased) such as crutches or a wheelchair.
- Damaged medical aids (glasses, dentures, hearing aids etc.).
- Dental treatment and procedures.
- Rehabilitation services (physiotherapy, osteopathy, psychology, podiatry etc).
- How do I claim car insurance after an accident?
In the event that your injuries are catastrophic, even in the case where fault of another driver cannot be determined, your treatment may be covered by the Catastrophic Injuries Support Scheme.
Loss of Past and Future Income
If you are involved in a car accident and as a result of your injuries you are unable work, you can claim compensation for loss of capacity to earn wages that would otherwise have been received if you were not injured. ICWA has a maximum claims threshold in place for lost income, which is three times the current average weekly wage of the full-time working adult in Western Australia ($1880), being $5640. This is the maximum amount that will be paid out for loss of income weekly, even if your usual wage before the car accident was higher than $5640.
General Damages
Pain and suffering that arises from a motor vehicle accident such as loss of conveniences of life, loss of enjoyment of life, shortened life expectancy and bodily or mental harm are all able to be compensated for by the Insurance Commission of WA. The way that such figures are calculates is through a complex means of weighing circumstances against a threshold schedule with the maximum payable amount for non-pecuniary loss being $438,000. The severity of your injuries as well as all other circumstantial evidence pertaining to your situation will factor into determining what percentage of this maximum figure the ICWA deems you to be entitled to.
It is worth noting on the general damages point that that a minimum threshold of $23,000 also exists. This means that where the damages are assessed to be less than this amount, no damages are payable. Where damages are assessed to be between $23,000 and $66,500, the threshold amount of $23,000 will be deducted from your total settlement amount. For any damages assessed to be over $89,500, no deductible amount will apply. The simplest way to make sense of the deductible figure and what a potential final payment amount could be is by having regard to the ‘net’ column in the threshold schedule. The best way to gain an accurate estimate of damages payable is to engage a car accident lawyer in Perth who has significant experience in processing compensation claims.
Gratuitous Services
If as a result of your injuries you are unable to carry out your regular home duties, a close friend or family member may assist with things such as home cleaning, laundry or gardening. These are described as ‘gratuitous services’ as they fall within the scope of care or services rendered without charge. Gratuitous services are able to form part of your claim, so long as the damages incurred meet or exceed the threshold of at least $6500.
Settlement Reductions
There are some circumstances which may see your total compensation amount be reduced. The Insurance Commission of Western Australia can decrease the amount that you are paid if any of the following factors were present when your accident occurred:
- The vehicle was in an unsafe condition;
- you did not have a valid driver’s license;
- you were not wearing a seatbelt;
- you were not wearing a helmet while riding a motorbike, scooter or bicycle;
- you were riding unrestrained in an open-top vehicle;
- you were partly responsible for the crash; or
- you or the driver of your vehicle were under the influence of alcohol or drugs.
Reductions are determined on a case-by-case basis, however your legal representative should be able to advise of the maximum likely discounts to your total settlement amount, where applicable.
In order to ensure your case is accurately considered and the maximum possible threshold can be paid to you for all your compensable losses, it is imperative that you find the best car injury lawyer Perth with appropriate experience in car accident insurance claims to assist you. Upon consultation with a legal professional, they will assess all the relevant evidence and provide you with a best and worst case scenario before they proceed to lodging your claim with ICWA. Not only will they be able to ensure that the process runs as seamlessly as possible with limited amounts of stress on your end, a good lawyer will also be able to deploy their fine-tuned negotiation skills to ensure the best possible settlement is achieved.
