I was injured in a car accident which was not my fault. Do I have a claim?
Yes, it is likely that you do.
Two insurance products make up the motor injury insurance policy which is paid when you pay your car’s registration: Compulsory Third Party (CTP) and Catastrophic Injuries Support (CIS).
The Insurance Commission of Western Australia (Motor Vehicle Personal Injury Division) (ICWA) is the CTP insurer for motorists under the Motor Vehicle (Third Party Insurance) Act (MVA).
The CTP policy covers the driver or owner of a vehicle for injuries they cause to others in a motor vehicle crash anywhere in Australia. The CIS policy covers a person for a catastrophic injury caused in a motor vehicle crash.
However, the policy of insurance does not cover the cost of damage caused to vehicles or property from a motor vehicle crash: it relates only to personal injuries sustained in the accident. If you have suffered an uninsured loss relating to your motor vehicle or other items, Belmont Legal can assist you in that regard as well.
In order to make a claim you must be able to establish that the driver or owner of the motor vehicle that collided into you was at fault (unless your injuries are so severe that you are deemed to have suffered catastrophic injuries).
You may be able to claim even if you were partly to blame for the accident
At the conclusion of your claim and if you are successful, the ICWA is liable to pay damages for your personal injuries suffered as the result of the motorist’s negligent driving.
ICWA will also contribute towards your legal costs and disbursements. You will be responsible for the payment of any ‘gap’ in the amount received in contribution toward your legal fees, costs and disbursements and your legal fees, costs and disbursements with Belmont Legal. Belmont Legal ‘caps’ your contribution to ensure that you receive as much of your award for damages as possible.
The claims process is not a simple one and you are not the insurer’s client or friend. If you want your best interests considered at the end of the claim process you should contact Belmont Legal.