A person who:
You can still claim, however your entitlement may be reduced if your negligence has contributed to the crash.
You can claim against either:
* The Insurance Commission will, in the vast majority of cases represent the person against whom the claim is made.
You can phone, write or visit the Compulsory Third Party Division of the Insurance Commission and request a Notice of Intention to make a Claim Form and Medical Authority or alternatively lodge a claim via your lawyer.
Notice of your claim should be made as soon as possible after your crash, if you have persisting symptoms and require ongoing medical treatment.
Your lawyer will more than likely obtain medical reports, collate details of your claim and advise you about finalisation. All communication with the Insurance Commission concerning your claim should be made through your lawyer.
If you exercise your right to engage a lawyer, the Insurance Commission will make a contribution towards the legal costs (party to party costs) when your claim is finalised. Any obligation you may have to pay additional costs will be explained by your lawyer.
In Western Australia there are two Acts governing time limits:
The Statute of Limitation 1935 requires that a claim for an adult be finalised or legal proceedings issued within six (6) years from the date of the crash.
For a minor (person under eighteen (18) years of age) the Act requires that the claim be finalised or legal proceedings issued within six (6) years from the eighteenth (18th) birth date.
If the claim is for dependency resulting from a fatal injury and is not finalised within one (1) year from the date death, court proceedings must be commenced before one (1) year has expired from date of death.
For an adult, if a claim has not settled within three years of the date a person either first became aware of the injury, or of the first symptom, clinical sign or manifestation of the injury the Statute of Limitation 2005 requires court proceedings to be commenced before three years have expired.
For a minor under 15 years of age, if a claim has not settled within six years of when the minor either first became aware of the injury, or of the first symptom, clinical sign or manifestation of the injury the Limitation Act 2005 requires Court proceedings to be issued before six years have expired;
for a minor between 15 – 18 years of age, the Limitation Act requires the person to issue Court proceedings if the person’s claim has not been settled prior to the 21st birth date.
If the claim is for dependency resulting from a fatal crash, and is not finalised within three (3) years from the date of the death, Court proceedings must be issued before three (3) years have expired.
The Insurance Commission will investigate the crash and make an assessment of negligence. If liability is accepted, it will then obtain reports from the medical practitioner(s) treating you. Additionally, the Insurance Commission may require you to be examined by a doctor of its choice.
When you have recovered, or medical reports indicate the maximum degree of recovery has been reached, the Insurance Commission will contact you concerning finalisation of your claim.
If you consider your claim has reached this stage, you should contact the Insurance Commission regarding settlement.
Although you are legally liable for the payment of all accounts, the Insurance Commission is generally prepared to make progressive payments, if the accounts have been reasonably incurred.
The Insurance Commission pays Australian Medical Association (AMA) scheduled fees for medical accounts and WorkCover rates for most other types of treatment. We suggest you confer with your treating practitioner about the cost of treatment as there may be a gap between the charge and the reimbursement.
Accounts paid by you are normally included in the final settlement. Reimbursement of these expenses before settlement of the claim will be considered by the Insurance Commission.
You must be prepared to provide receipts and/or itemised accounts to support your claim.
The Insurance Commission has no legal liability to pay for loss of earning capacity prior to settlement of the claim, however, pre-payment of these losses will be considered upon application.