How to Make a Car Accident Claim in WA
Been in a car accident in Western Australia? You may be entitled to compensation — even if you weren’t seriously injured. Understanding how to make a car accident claim in WA is the first step to recovering what you’re owed.
WA operates a fault-based compulsory third party (CTP) insurance scheme managed by the Insurance Commission of Western Australia (ICWA). Unlike NSW’s no-fault scheme, in WA you must prove the other driver was at fault to make a claim.
Types of Car Accident Claims in WA
Depending on the severity of your injuries, you may be eligible to claim under one or more of the following pathways:
- Standard CTP claim — covers medical expenses, income loss, care costs and pain and suffering where the other driver was at fault
- Catastrophic Injuries Support (CIS) scheme — for catastrophic injuries (paraplegia, quadriplegia, severe brain injury), available regardless of fault
- Uninsured/unidentified driver claims — ICWA administers claims where the at-fault driver cannot be identified or was uninsured in certain circumstances
- Passenger injury claims — passengers can claim against the at-fault driver’s CTP insurer, even if that driver was a friend or family member
Step-by-Step: How to Make a WA Car Accident Claim
- Step 1 — Report to police: If anyone is injured, report the accident to WA Police as soon as possible.
- Step 2 — Seek medical treatment: Get assessed by a doctor immediately — even if you feel fine. Medical records are the foundation of your claim.
- Step 3 — Gather evidence: Photograph damage, road conditions and signage. Exchange full details with the other driver. Get witness contact details.
- Step 4 — Notify ICWA: Lodge your claim with the Insurance Commission of WA. While the limitation period is 3 years, early notification protects your claim.
- Step 5 — Engage a lawyer: ICWA represents their interests, not yours. A specialist car accident lawyer will fight for maximum compensation.
What Compensation Can You Claim?
If you can establish fault, you may claim for:
- General damages — pain, suffering and loss of enjoyment of life
- Past and future medical expenses
- Past and future loss of earnings and earning capacity
- Care and assistance costs (paid or unpaid)
- Out-of-pocket expenses
Time Limits for WA Car Accident Claims
The standard limitation period is 3 years from the date of the accident. If you were under 18, the 3-year period starts on your 18th birthday. Don’t assume it’s too late — contact Gajic Lawyers for advice on your specific situation.
How We Can Assist You
Gajic Lawyers handles WA car accident claims on a No Win No Fee basis. Our team manages every step — from initial assessment and evidence gathering through to ICWA negotiations and, if necessary, court proceedings. You pay nothing unless we win.
We serve clients across Perth and all of regional WA. Contact us for a free consultation today.
Contact Us for a Free Consultation
If you’ve been injured in a car accident in WA, talk to Gajic Lawyers before approaching ICWA. Free consultation. No Win No Fee. Call 1800 318 002.
Learn more about our Car Accident Lawyers Perth service →
Frequently Asked Questions
WA uses contributory negligence principles. Even if you were partly at fault, you may still receive compensation — reduced by your percentage of fault. For example, if you were 20% at fault you’d receive 80% of total assessed damages. Don’t assume you have no claim without getting legal advice first.
Frequently Asked Questions