New law on catastrophic injury from motor vehicle accidents

On 1 July 2016, the laws governing compulsory motor vehicle insurance in Western Australia have changed with the introduction of the Motor Vehicle (Catastrophic Injuries) Act 2016 (WA).

From 1 July 2016, anyone who suffers a catastrophic injury as a result of a motor vehicle accident where no party is deemed to be at fault, will receive treatment, care and support for the rest of their lives.

These injuries include spinal cord injuries, traumatic brain injuries, multiple amputations, severe burns and permanent traumatic blindness.

The expanded motor injury insurance cover provides treatment, care and support for people who are catastrophically injured in a motor vehicle crash in Western Australia, regardless of whether another driver is found at fault in the motor vehicle accident.

NEW “No-fault’’ motor vehicle insurance cover for people catastrophically injured in accidents have come into effect in WA

The expanded insurance cover will cost drivers a maximum of $99 in the first year for each motor vehicle and motorcycle. Smaller increases will apply for tractors, mopeds and vintage vehicles.

According to the Western Australia State Government, more than 90 West Australians suffer a catastrophic injury from a car accident each year.

Previous to the introduction of the Motor Vehicle (Catastrophic Injuries) Act 2016 (WA) , fewer than half could claim compensation because they were either at fault or unable to prove fault.

Highlights of new Motor Vehicle (Catastrophic Injuries) Act 2016 (WA):

  • Insurance cover for catastrophic injuries is available to WA motorists (from July 1, 2016).
  • Catastrophic injuries include spinal cord injuries, traumatic brain injuries, multiple amputations, severe burns and permanent traumatic blindness.
  • An estimated 1.8 million WA motorists will be covered under this bill.
  • WHO IS COVERED? Drivers, passengers, motorcyclists, pillion passengers, cyclists and pedestrians will be able to claim if they are catastrophically injured in a crash from July 1, 2016.
  • WHAT ARE YOU COVERED FOR? Medical treatments, dental treatments, rehabilitation, ambulance services, respite care, domestic assistance, aides and appliances such as prosthetics, access to return to work programs such as education and vocational training.

If you’re injured in a road accident, please contact one of our motor vehicle accident lawyers.

Turner Freeman Personal Injury Lawyers work on ‘No Win – No Fee’ basis for road accident injury claims. Our WA office is located in Perth CBD.

For more information on this expanded motor injury insurance please visit https://www.icwa.wa.gov.au/expanded-motor-injury-insurance.