How to Lodge a Personal Injuries Claim in Western Australia

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If you have ever been involved in an accident on a public road where the blame was with the other driver, you are entitled to compensation for personal injury. This includes accidents involving cars, pedestrians, bicycles and all public transport regardless of which state you are travelling in. The result of the claim may be highly dependent on the level of information you can provide from the time of the incident. For this reason it is of vital importance to get as much information about the other party as possible before you leave the scene.

What information should I get?

As a minimum you should take the other parties name, address and phone number, any witness details and some photos of the damage and injuries. To make an insurance claim you are also required to report the accident to the police.

What does a claim cover?

Most claims cover medical treatment and services involved with the response to the incident. This includes, ambulance, hospital, pharmacy expenses, counselling and home assistance and in some cases travel expenses. A lawyer specialising in injury claims can detail everything that is covered in your specific claim.

How do I lodge a claim?

You can lodge a claim yourself or have a personal injury lawyer lodge it for you. Either way the forms are the same and will be provided by the Transport and Roads authority. You will need to grant the Transport and Roads authority to access medical records and documents pertaining to your identity. Once signed these forms are then processed by the respective insurance companies. Lodgement can be made online or in person at any Transport and Roads authority office. In the case you are using the services of a personal injury lawyer, they will lodge it on your behalf.

When should you lodge the claim?

While claims can generally be lodged within 12 months of the incident it is best to lodge it as soon as possible. Technically, claims can be lodged up to three years after the accident however, there is no guarantee it will be accepted – you must have good reason for the delay. There is a slightly different rule for those under the age of 18 involved in accidents. If under 18 at the time of an accident you have until the day before your 21st birthday to lodge it. It is advisable to lodge the claim as soon as possible once all your paperwork has been completed.

How long does a claim process take once lodged?

The length of time between lodging a claim and settlement can be varied and depends on the severity of the accident and the complexity of the incident. The insurance companies have a 21 day period to accept it or reject it though and if rejected you have up to 12 months to challenge this decision.

If you have been seriously injured in a road accident then you should seek legal advice from an injury lawyer about lodging a claim for compensation. A personal injury lawyer will help you claim for the maximum level of compensation and take care of lodgement so that you can recover and heal from your injuries.

July 8, 2016 · Tim Kevan · Comments Closed
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