How to make a Claim

The Motor Vehicle (Third Party Insurance) Act 1943 requires that a claim be lodged as soon as practicable after the crash. Failure to do so may prejudice your right to pursue a claim.

How To lodge a Claim

You can advise the Insurance Commission of your intention to pursue a personal injury claim by telephone, correspondence or through your legal adviser.

If the crash has not been reported to us, you will need to provide us with the following information:

• Date, time and location of the crash
• Licence plates of all the vehicles involved
• Circumstances of the crash
• Names, addresses and contact telephone numbers of all the people involved in the crash
• Names, addresses and contact telephone numbers of any witnesses.

We will ask you to fill in a Notice of Intention to Make Claim Form and a Medical Authority. Completion of the Medical Authority allows us to request medical reports from your treating medical practitioners to verify your injuries sustained in the motor vehicle crash and what medical treatment has been prescribed. You can obtain these Forms by telephoning us at:

• (08) 9264 3344
• Freecall 1800 643 338 (Outside Perth).
• Or by writing to us at:
  Insurance Commission of Western Australia
  Motor Vehicle Personal Injury Division
  GPO Box L920
  Perth WA 6842

In relation to minors (children under 18 years of age) a parent or guardian can lodge a claim on their behalf.

What happens after lodging a claim

Once a claim is lodged, we will write to you (or your lawyer) acknowledging receipt of the claim. Our correspondence will include a claim reference number which you should quote whenever you contact us.

Following investigations into the circumstances of the crash, a liability determination will be made and communicated to you (or your lawyer). At this stage of the process, liability is determined by reference to whether or not negligence can be established against the owner or driver of a WA licensed vehicle. This does not necessarily mean an acceptance of liability for injuries or any undertakings to pay for medical and associated treatment. This determination is made at another subsequent stage, generally following receipt of medical reports. Our liability determination represents our opinion, based upon the known facts and available evidence. If you are unsatisfied with our determination, we would welcome an opportunity to discuss it with you and consider any new or additional information that may be provided.

At all times you retain the right to seek independent legal advice and appoint a lawyer to represent you.

What happens if I claim via a lawyer?

It is not necessary to engage a lawyer in order to pursue a personal injury claim, however you are entitled to do so at any stage of the process.

If you exercise your right to appoint a lawyer, the Insurance Commission will normally make a contribution towards your legal costs (party to party costs) when the claim is finalised. Any obligation you may have to pay additional costs will be explained by your lawyer and is an agreement between you and your lawyer.