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Home | Personal Injury & Compensation Law | Road Accident Injury Claims

Claiming compensation in WA as a result of a motor vehicle accident

If you have been injured as a result of any accident on the road such as car accidents you may be able to claim damages or compensation under Western Australia’s third party motor vehicle scheme.

If you have been injured as a result of a road accident, you may be able to claim compensation.

Accident compensation in WA

Road accident claims are for injured drivers, passengers, motorbike riders, push bike riders and pedestrians. In Australia road safety is an enormous priority for state and Federal governments given the diverse range of vehicles and pedestrians using the roads. If you have been injured in a road accident, you should seek immediate legal advice so you know what your rights are in accordance with the law.

Claims for all types of injury

Turner Freeman Lawyers are experts in handling road accident claims for all types of injury including whiplash, spinal, back and neck injuries, upper and lower limb injuries, fractures, soft tissue injuries as well as claims for shock, anxiety and depression.

If you have been injured on the roads due to the negligence of another road user, you are most likely to have a claim for compensation.

We can also help you investigate whether you can claim through your superannuation such as income protection or disability insurance or total and permanent disablement (TPD) claims.

Our No Win No Fee policy in road accident injury claims in WA

No Win No Fee Personal Injury Lawyers Perth | Turner Freeman WA

Turner Freeman Personal Injury Lawyers work on ‘No Win – No Fee’ basis for our motor vehicle and road accident injury claims. Call (08) 9325 0900 to speak with our specialist personal injury solicitor Fatima Verdingola in Western Australia. Our WA office is located in Perth CBD.

Why choose us

  1. No Win No Fee | No up-front costs
  2. Obligation free consultation 
  3. Home & hospital visits available
  4. Free case assessment | Back in 24 hours

Our Personal Injury Lawyers in WA

FAQ

I have been injured in a car accident. Do I have a claim?

Can I claim motor vehicle compensation if I was injured in a car accident?

Yes, you are most likely entitled to a motor vehicle or car accident compensation. There are very few situations that would exclude or deny a claim. Here are some helpful examples:-

Passenger injured – driver at fault

If you are a passenger in a vehicle driven by someone who caused the accident and you suffered injuries; yes you have a claim.

Passenger injured – driver of other vehicle at fault

If you are a passenger in a vehicle being driven by someone else and the driver of another vehicle causes the accident and you suffer injuries; yes you have a claim.

Driver injured – driver of other vehicle at fault

If you are the driver of a vehicle and you suffer injuries due to the fault of another driver who caused the accident and you suffer injuries, yes you have a claim.

Passenger or Driver injured – Driver of other vehicle drunk

If you are a passenger or the driver of a vehicle and you suffer injuries caused by the driver of another vehicle who is charged with drink driving; yes you have a claim.

Passenger injured – Driver of your vehicle drunk

If you are a passenger and the driver of your vehicle is drunk or over the limit and you suffer injuries; yes you have a claim.

Accident caused by Driver of vehicle that is unregistered

Regrettably, not everyone pays their registration on time. If you suffer injuries due to a motor vehicle accident caused by the driver of an unregistered vehicle; yes you may have a claim against the driver of the vehicle.

Hit and Run accident

If you are run down or hit by another vehicle who then leaves the accident scene and you don't know the registration number of the vehicle; yes you may have a claim depending on the circumstances.

I'm a pedestrian and I was hit by a car or truck on a road

If you are walking along a road or crossing a road and a car hits you; yes you have a claim.

I'm a bicycle or push bike rider and I was hit by a car or truck on a road?

Yes, you have a claim.

I have suffered whiplash and the accident was not my fault. Is a whiplash injury serious enough to make a claim or see a lawyer about?

In our experience, yes, and particularly if the symptoms are persisting and ongoing.

I caused the accident and I've been injured – do I have any insurance cover?

Possibly.

Even if you caused the accident and have suffered serious injuries, you may still be able to claim. You are able to make a claim for income protection, partial permanent disablement (PPD) or total and permanent disablement (TPD) from your superannuation fund.

If you also have trauma insurance you will be able to claim on this as well.

Some people also have an "At Fault" insurance policy with their insurer. If you have this type of cover, you may be entitled to recover compensation, often substantial. It is always worthwhile to check and see if you have this type of cover with your insurer, and we can assist if necessary.

Turner Freeman Lawyers No Win No Fee policy

We are happy to assist you and investigate your potential claim on a speculative or No Win – No Fee basis. Click here to see the full terms of our "No Win – No Fee" policy.

Your initial consultation with us is free and obligation free.

If we advise that you have a strong claim, we will offer our services to you on a "No Win – No Fee" basis. This means we will only ever be paid for the work we have done if your claim is successful, and only at the end of the claim.

In our experience 98% to 99% of the claims we pursue for our clients are settled or resolved without having to go to court or proceed to trial.

How can a personal injury lawyer help me with my claim?

A good car accident lawyer will focus on whether he or she can justify their involvement in the case. That way you can be confident that the benefits of using a specialist car accident lawyer will outweigh or far outweigh the legal costs.

Are there any time limits for making a claim and what are they?

Time limits for making a claim

Strict time limits do apply. Please read the following time limits very carefully.

Time limit to lodge the initial claim forms to the insurer

Generally speaking, you have 12 months from the date of the motor vehicle accident to have the claim form lodged with the insurer. If you lodge a claim after 12 months from the date of the motor vehicle accident you might still have a claim.

When you engage a lawyer to look after your claim, he/she will ensure that the time limits are met and the documents are filed on time.

Time limits summary

12 months from the date of the accident.

Commencement Court Proceedings

You only have three years from the date of injury to commence court proceedings. If you miss this time limit, your rights to pursue damages or proper compensation will be, or is most likely to be lost forever.

The benefit of engaging a lawyer to look after you and your road accident claim is that it immediately becomes the responsibility of your lawyer to take care of the time limits and assist you with your claim to achieve the best possible outcome for you.

Summary of time limits for court proceedings

Court proceedings must be commenced within 3 years of the date of the accident otherwise your rights will be lost forever.

What if I have suffered very minor injuries? What should I do? What can I do?

I suffered only minor injuries

If you have a very minor or trivial injury that will largely or completely recover or heal, and your claim has been accepted by the insurer, you may not or probably don't need to see a car accident lawyer. However, your first consultation with us is free so we advise all our clients and potential clients to seek appropriate legal advice at the earliest possible time to remove any doubt or worry about your rights or where you stand.

If I go ahead with a claim, how long will it take and how much will it cost?

How long will my claim take and what will it cost?

If we advise you that you have a strong claim, we will send you a proper written advice and proposal. Our proposal will set out, in plain English, a realistic estimate of how long we believe your case will take to resolve and the likely cost.

Generally speaking, most claims can be resolved within 6 to 18 months from the date of the road accident. If the case goes to trial (which is highly unlikely in our experience) this can add a further 6 to 12 months to the time estimate.

In the highly unlikely event that your case does go to court, understandably it will cost more than if it settles at an early stage. However, of all the cases we take on, approximately 98% to 99% are resolved or settled prior to, or well before going to court.

I have medical expenses and rehabilitation needs right now. What can I do?

Medical expenses and rehabilitation costs

Once your Notice of Accident Claim Form has been submitted to the insurer of the vehicle at fault, we can arrange for your reasonable medical and/or rehabilitation needs to be paid by the insurer.

Will my case go to court or will it settle?

Will my case go to court or will it settle?

In our experience over the past 60 years, very few cases end up in court. Only 1% to 2% of our cases proceed to trial or end up in a court room.

Very few road accident claims require court supervision and the vast majority of these claims are capable of early resolution. This is what we aim to achieve as it keeps the legal costs down and maximises your 'in hand' outcome.

Will Turner Freeman act for me on a No Win – No Fee basis and what does No Win – No Fee mean?

Our No Win No Fee policy

After we have investigated your motor vehicle compensation claim at no obligation to you, we will make a decision about whether we would be prepared to act for you on a No Win – No Fee basis. At that time, we will provide you with a proper written advice regarding your prospects of success and whether we are prepared to act for you on a No Win – No Fee basis.

Under our usual terms and conditions, No Win – No Fee simply means that we if take your case on, we will only be paid a reasonable fee for the legal work we have done for you at the end of the claim, and only if you win.

In the highly unlikely event that your claim goes to trial, and in the even more unlikely event that your case goes all the way to trial and you lose, we will not seek to charge you anything for all of the work we have done for you.

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