Motor Vehicle Accident

I offer a free first appointment in person, by phone, or by email to assess your claim.

If I assess that your claim will likely result in a payout, and I agree to take it on for you, then you have no need to worry about fees. In those circumstances I will offer you my no win no fee service to run your claim with fees only payable upon your case being settled for a lump sum.

No fees will be payable along the way to settlement of your claim and in most cases a large portion of your legal fees will be covered by the ICWA over and above your settlement when your claim settles.

For more information go to our no -win no fee explainer

You will receive a full explanation of my no-win no fee service at your first appointment.

If you have a valid claim, then the compensation you are entitled to can include:

1. General damages (also called non-pecuniary loss) for pain and suffering, loss of enjoyment of life and loss of amenities.

2. Loss of earning capacity (including superannuation) both past and future;

3. Hospital, surgical, medical, pharmaceutical and other treatment expenses both past and future;

4. Services of a nursing and domestic nature whether paid or gratuitous both past and future;

5. Travel expenses

Yes, strict limits do apply for giving notice and commencing court proceedings.

You need to give the ICWA written notice of your intention to make a claim for compensation soon as practicable after the accident.  If you do not, then you make be prevented from pursuing compensation.

If the driver at fault is dead or cannot be identified or located (for example in a hit and run accident) then as soon as practicable you need to give the ICWA written notice and a short statement of the grounds of your claim. If you do not, then you may be prevented from pursuing compensation.

If the identity of the other vehicle cannot be ascertained (for example in a hit and run accident) then as soon as practicable you need to give the ICWA written notice and a short statement of the grounds of your claim, and you need to make all reasonable due search and inquiry to ascertain the identity of the vehicle. If you do not, then you may be prevented from pursuing compensation.

Finally, you must either settle your compensation claim or commence court proceedings for that claim before 3 years elapses from the date of your accident.

Longer time limits within which to settle or commence court proceeding will apply for people who were minors (under the age of 18) when the accident occurred. Longer time limits can apply to mentally disabled people in some circumstances.

If time limits are not strictly adhered to you could forever lose your right to obtain compensation.

Contact me as I have specialist legal knowledge and experience in motor vehicle accident/ICWA claims to help you preserve your rightful compensation claim.

In almost all motor vehicle accidents/ICWA claims for accidents that occur in WA the compensation that the driver at fault is liable to pay you is covered by the Insurance Commission of Western Australia (the ICWA).

In such cases the ICWA will pay compensation even if the driver at fault;

• was drunk
• was under the influence of drugs
• was unlicensed
• was driving an unregistered vehicle
• was a learner driver
• was driving a stolen vehicle
• cannot be identified because it was a hit and run accident
• cannot be identified because they gave a false name at the scene of the accident
• cannot be found
• has died

If you have a valid claim, then then it is most likely you will be entitled to a payout.

Compensation entitlements for most motor vehicle accident/ICWA claims are payable by way of a once and for all lump sum payment. In most cases the lump sum is an amount negotiated and settled with the ICWA. In a small number of cases that are not settled and proceed to court the lump sum amount decided is by a judge after trial.

Contact me to find out your rightful compensation payout with the help of my specialist legal knowledge and experience in motor vehicle accident/ICWA claims

If the ICWA admits liability for your claim either fully or in part, then it may:

• in its discretion pay medical expenses it considers reasonable as and when those expenses are incurred.
• in its discretion consider paying your lost wages during your claim and before settlement.
• in its discretion consider paying other compensation such as services of a domestic or nursing nature and travel expenses before settlement.

I have specialist legal knowledge and experience in motor vehicle accident/ICWA claims to help you get compensated for these losses and expenses along the way prior to settlement.

This requires careful consideration of all the circumstances of the accidence as well as all the available evidence regarding those circumstances.

I have assisted hundreds of people to successfully obtain their rightful compensation, even though the ICWA had denied their claim before seeing me.

Contact me as I have specialist legal knowledge and experience in motor vehicle accident/ICWA claims to help you get your rightful compensation even if the ICWA has denied the other driver was at fault and even if you are partly to blame for the accident.

The simple answer is - not without first getting legal advice.

In my experience an offer made to an unrepresented claimant will in most, but not every, case be too low.

In hundreds of cases I have successfully obtained significantly higher compensation for clients, than the offer they had received from the ICWA before seeing me.

I have specialist legal knowledge, skill and experience in motor vehicle accident/ICWA claims you need to get the right advice as to whether ICWA’s offer is fair or whether you have a rightful claim to more.

You should not agree to be interviewed by an ICWA accident investigator, or to give a written statement to an ICWA accident investigator, without first getting expert advice from an experienced, specialist compensation lawyer.

Contact me if an ICWA investigator wants to speak to you and I can help. I will give you the advice you need as to what you should do and what is best for you.

If this has happened to you then contact me and I will know what to do.

I know which doctors and specialists will listen to you and will give a fair, accurate, credible, and objective opinion on your injuries.

If I agree to represent you, I will send you to such a doctor or specialist and pay for your consultation and report in accordance with my no win no fee service.

Contact me as I have the specialist legal knowledge and experience in motor vehicle accident/ICWA claims that you need.

There are many reasons why the ICWA may decide to stop paying treatment expenses. Some may be valid, some may not be.

Contact me as I have the specialist legal knowledge, skill, and experience in motor vehicle accident/ICWA claims to advise you if the ICWA should be paying your expenses and to assist you in getting those expenses paid.

This is not a simple question to answer. There are many considerations such as:

• Whether you have a valid claim
• Whether the accident was entirely the other driver’s fault
• Whether you were partly to blame for the accident
• The nature and extent of the injuries you suffered in the accident
• The effect the injuries have had and will continue to have upon your general way of life, your earning capacity, services needs and treatment needs.
• How long-lasting your injuries are and whether they are likely to be permanent.
• Whether you had any pre-existing injuries or conditions
• The strengths and weaknesses of any medical or other evidence obtained by the ICWA

I have the specialist legal knowledge, skill, and experience in motor vehicle accident/ICWA claims to ensure you get the right advice as to what your claim is worth.

Generally, motor vehicle/ICWA claims for most type of injuries, even fairly significant injuries, can be finalised between 15 and 24 months from the date of injury. Other injuries, for example those requiring multiple operations, serious spinal injuries and head injuries can take longer than that.

Your case should only be settled when it is in your best interests to do so. Generally that will be when your injuries have reached medical stabilisation. That means you recovery has reached a point where you condition is unlikely to change with or without additional medical treatment. At that point a medical specialist can give an opinion with a fair degree of confidence as to the likely long-term effects your injuries will have upon you, including your general way of life; your work capacity; your future need for medical, pharmaceutical and other treatment; and/or your future need for services of a nursing or domestic nature.