You may be able to
make a personal injury claim if you are injured in a motor vehicle crash
as a driver, passenger, pedestrian, push cyclist, motor bike rider or
pillion passenger and you consider the driver or owner of a WA licensed
vehicle was completely or partially at fault.
If you are partly at fault in causing your injuries (contributed
to the crash; failing to wear a seatbelt or failing to wear a helmet
whilst riding a motor cycle or pushbike) you may still be able to
claim but your entitlement to compensation may be reduced on account
of your contributory negligence.
A claim for personal injury in Western Australia will not succeed
if:
- You were the only driver at fault
- You were the driver of a single vehicle crash
- No negligence can be established against the owner or driver of
another WA licensed vehicle
- The person you consider at fault was not the driver or owner of
a WA licenced vehicle (eg the person was a pedestrian or push
cyclist or was driving a motor vehicle licensed in another Australian
state or territory).
If the vehicle at fault was licensed in a state or territory other
than Western Australia, you may be able to claim from the interstate
Compulsory Third Party insurer.
