Claims Examples

These claim examples have been produced to help understand the claim process. These are examples only and do not relate to actual people or events.

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Injury #1 – ‘I have whiplash from a crash and I wasn’t at fault’

Crash

Anne suffered whiplash in a crash in Joondalup. A vehicle collided with the rear of Anne’s car while she was at the lights. Anne was not at fault in the crash.

Anne went to her doctor to be examined for possible injuries. She was diagnosed with whiplash and spent one day off work to recover.

Claim

Anne called the Insurance Commission to seek payment for her treatment and one day’s lost earnings. She emailed a copy of her doctor’s bill and her last payslip. Anne was quickly reimbursed for the doctor’s bill and her loss for the one day off work, a total of $450.

Anne returned to work and has had no reoccurring symptoms from her injuries.

Injury #2 – ‘Another car side-swiped me and I was in hospital for a week.’

Crash

Paul suffered a lower spine fracture in a crash on Stirling Highway. Paul was a passenger in his friend’s car when it was side-swiped by a truck, causing it to crash into a wall. Paul spent one week in hospital.

Paul was unable to return to work for two months.

Paul required X-rays, medication, physiotherapy, rehabilitation and follow up treatment with his doctor and a specialist.

Claim

Following discharge from hospital, Paul called the Insurance Commission to make a claim.

The Insurance Commission paid for Paul’s hospital and subsequent rehabilitation costs. Paul also claimed compensation for time off work. To minimise financial hardship the Insurance Commission made interim compensation payments for Paul’s loss of income.    

Paul received compensation for pain and suffering (known as general damages) as his injuries were serious and assessed above the threshold for general damages to be paid. Paul also received compensation for lost wages and an allowance for future medical expenses he may incur because of his injuries.

Paul received compensation in addition to the payment of his medical treatment costs. The claim took 14 months to finalise.

Injury #3 – ‘A car knocked me over while I was walking’

Crash

Emma suffered an injury to her left knee when she was hit by a reversing car in a Morley car park. The driver did not check their blind spot and crashed into Emma as she walked to her car. Emma spent one day in hospital.

Emma required X-rays, physiotherapy, follow-up visits to her doctor and one week off work to deal with her knee injury.

Claim

Emma called the Insurance Commission to make a claim.

The Insurance Commission investigated the crash and identified Emma to be partially responsible for the crash as she was texting on her mobile while crossing the car park and wasn’t paying sufficient attention. As Emma contributed to the crash, her claim was reduced by 25%. The Insurance Commission paid Emma’s hospital costs, and 75% of her loss of income for time off work and treatment costs of approximately $4,000.

Emma could not claim compensation for pain and suffering as her injuries were not severe enough to be above the compensation threshold. The claim took twelve months to finalise.

Injury #4 – ‘I was riding my bicycle at night and couldn’t see any vehicles on the road. I rode through a red traffic light’

Crash

John suffered catastrophic injuries in a crash in Stirling. John was riding an unlit bicycle on the road at night and collided with a motor vehicle. He was found to be at fault for the crash. John sustained an acquired brain injury and spinal cord injury. John spent six months in hospital and will require assistance for the rest of his life.

Following his return from hospital, John requires assistant care for 24 hours a day to eat, dress and assist with daily living. Modifications were also made to John’s bathroom and toilet, to facilitate wheelchair access.

Claim

The hospital notified the Insurance Commission of John’s catastrophic injuries. A Care Services Coordinator from the Insurance Commission visited John and his family in hospital to explain the care and support available via the Catastrophic Injuries Support scheme. The Insurance Commission is paying for John’s necessary and reasonable treatment, care and support over his lifetime.

John was ineligible for compensation for pain and suffering and loss of wages as he was at fault in the crash.