Areas Of Law
Motor Vehicle Crash Lawyers
The WA Law Group are experts and know the law well, but we also understand for you it can be a daunting experience.
We want you to have a good understanding of the claims process so that you may make the best decisions as we move to a successful outcome.
The Claims Process
How the Claim will run:
There is a very strict process that has to be followed to get you proper compensation.
The good news is the reason why WA Law Group is one of WA’s leading injury claim firms is we understand the process well.
There will be four (4) steps to your successful claim.
Step One: We get your claim lodged.
Step Two: We get ICWA to agree that the accident was not your fault and fund your medical treatment.
Step Three: We work out what your claim is worth once your injuries have stabilised.
Step Four: We negotiate a pay out of your claim with the ICWA.
In this stepped out process we cannot move from one step to the next until the step we are on is completed.
We understand that you are anxious to be compensated for your injuries now, but there is a process that must be followed and steps taken so that we get you proper compensation.
Our focus the whole way through it on you, and gaining the best outcome we can for you.
Injury Law
Western Australian law does recognise the right of an individual to recover damages (i.e. compensation) where that individual has suffered personal injury and a consequential loss as a result of the fault of another.
From our experience, most clients want answers to four questions at the start of a claim:
- How much will I get?
- How long will it take?
- What will it cost me?
- Do I have to go to Court?
The difficulty for lawyers is that at the start of an action there is no exact answer to Questions 1 to 3 and we will explain why when we chat directly to you, but for now we promise that we will:
(a) Work hard to get the compensation you deserve;
(b) Get you your compensation in the shortest time we can; and
(c) Tell you what costs will be before you have to make a decision to settle your claim.
We can answer Question 4 with good news. The institution of court proceedings is the last resort and 99% of matters don’t go to court.
Consequential Loss Can Include
- Loss of wages;
- Anticipated future loss of wages, or impairment of earning capacity; or
- Out of pocket expenditure for medications and medical treatments, including in the future.
WA laws prevent us from providing any more information about our personal injury services unless you are making a genuine enquiry.
How it works
Each claim is unique and we need to do all that is needed to get you proper compensation. This will take the time it needs but we will do all we can to do that as quickly as possible.
Initially the most important part is ‘Lodgement and Acceptance’ of your crash.
The first step is to get your claim lodged with ICWA. This is a very critical step as your claim can’t go anywhere until this has been done.
Once your claim is lodged we work with ICWA to get your claim accepted and any rehabilitation you need to recover from your injuries funded.
Getting your claim ‘Lodged’.
First, we have to satisfy the ICWA that you have a real claim and that means showing three (3) things:
- You were involved in a motor vehicle accident;
- The accident was not your fault but someone else’s; and
- You were injured in the accident.
The process starts by our putting your claim together by completing:
(a) Crash Report Form (this is usually done online and notifies the Police and ICWA of your accident;
(b) Notice of Intention to Claim Form (formal notice to ICWA that you intend to bring a claim for compensation).
This form must be supported by two things.
Once we have all the information, we will then give your Crash Report Form and Notice of Intention to Claim Form to ICWA for their review.
The Accident Was Not Your Fault.
Once we have your claim lodged we have to deal with the issue of liability; who caused the accident.
To be able to get compensation for your injuries we have to prove that the accident happened because the other driver was at fault and negligent.
ICWA will confirm whether it admits Liability, denies Liability or partly admits Liability (you also partially caused the accident). This can take a few weeks or months depending on a number of factors including the accident circumstances, the co-operation of the other driver, whether ICWA holds a right of recovery against the Other Side.
While this all may seem like a lot, we are here to guide you, support you and work with you while we finalises these initial stages.