Who can claim

If you have been injured in a motor vehicle crash, you can claim for support when:

  • you were driving a vehicle, and the driver of the other vehicle caused the crash (ie they were at fault) OR
  • you were a passenger, pedestrian or cyclist/scooter rider and the driver of the vehicle was at fault.
    • NB: Every injured person needs to inform us of their injury to claim support. This includes any children who were passengers. See How to Claim for more.

The vehicle that caused the crash needs to be registered in Western Australia to make a claim.

You may not be able to claim if:

  • you were totally at fault
  • a pedestrian, cyclist or scooter rider caused the accident
  • the person at fault was the driver of a vehicle licensed in another state or territory.

If the vehicle at fault is unidentified or unlicenced, you may still be able to claim.

If you are partly at fault

You may be able to claim, but the amount of financial support or compensation may be reduced. Examples of circumstances where you would be partly at fault include:

  • not wearing a seatbelt
  • driving under the influence
  • travelling in a vehicle you know had a driver who was under the influence
  • driving at an unsafe speed
  • not wearing a helmet when riding a motorcycle or bicycle.

Catastrophic injuries

Anyone who experiences serious personal injuries as a result of a motor vehicle accident in WA, on or after 1 July 2016, or a workplace accident, on or after 1 July 2024, may be eligible to receive support from the Catastrophic Injuries Support Scheme.

It is a no-fault scheme which provides people with necessary and reasonable treatment, care and support, and in some cases for their lifetime.