This document provides guidance on what to do if injured in a motor vehicle accident in Western Australia. It outlines that drivers must have compulsory third party (CTP) insurance to cover injuries caused by negligent driving. It advises that if injured, you should exchange details with others involved, not admit liability, report the accident to police and the insurance commission, seek medical treatment, keep receipts, and make a claim if the injury was caused by negligence. It also provides contact details for a law firm that can assist with making claims.

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WHAT TO DO IF YOU ARE INJURED
IN A MOTOR VEHICLE ACCIDENT

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Unfortunately in life,
accidents do happen.
If you have been
involved in a motorbike
or motor vehicle
accident, or even if
you were a cyclist or
pedestrian involved in
a car accident, you
should make sure that
you cover some very
important steps.

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To give you some background information,
the Insurance Commission of Western
Australia
is the compulsory third party insurer in Western
Australia.

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By law, all drivers have to
have compulsory third
party insurance (CTP)
which is contained as a
part of their motor vehicle
registration.
This CTP is automatically
applied every time vehicle
registration is renewed.

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CTP insurance protects
negligent drivers from claims
that may be made against
them arising from injury or
death caused by their
negligent driving.

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Therefore, if you are
injured as a result of
someone else’s
negligent driving, you
have the comfort
knowing that there is a
compulsory third party
insurer on risk.

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Note that compulsory
third party insurance
covers you from
personal injury you
have suffered, not
the property damage
to your vehicle or your
other possessions.

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You or the other party
may, or may not
have, separate
property damage
coverage with other
insurers to cover
those losses.

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To make sure that you have everything covered:
1. At the accident scene:
Your first priority is for your health
and safety. Make sure you are out
of harm’s way and if you need an
ambulance call one, or have
someone else call one for you.

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To make sure that you have everything covered:
1. At the accident scene:
Exchange names, phone numbers and vehicle registration numbers of yourself,
the other driver and any witnesses..
I appreciate that tensions may be high and you may not be thinking straight, but
make an effort to get these.
Any witness details are important as if there are any subsequent issues about
who was at fault in causing the accident, their evidence is invaluable.

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To make sure that you have everything covered:
1. At the accident scene:
You do not admit any liability, even if you think that you may have caused or
contributed to the motorbike or motor vehicle accident.
Your evidence will later be sought so that the Insurance Commission of Western
Australia can make a decision with regards to liability, either with regards to a
claim made on your behalf, or against you..

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To make sure that you have everything covered:
2. As soon as possible after the accident
Report the accident. This is not an option. This is a legal requirement. You must
report the accident to the police and the Insurance Commission of Western
Australia by making an online crash report by clicking on the following link:
https://www.icwa.wa.gov.au/motor-injury-insurance/involved-in-a-
crash/report-a-crash

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To make sure that you have everything covered:
2. As soon as possible after the accident
If you are injured or experiencing any pain, visit your doctor to report your
symptoms, have the required treatment or obtain referrals for the treatment.
The doctor’s record of you condition and symptoms will provide the evidence
to support any claim for personal injury you may choose to make.
You may have already been to the hospital following the accident. If you
continue to experience symptoms, make sure you go to see your doctor.

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To make sure that you have everything covered:
2. As soon as possible after the accident
Make sure you keep receipts for
any expenses you have incurred
for medical treatment, medication
and travelling.

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To make sure that you have everything covered:
3. When the time is right
If you are injured from the motorbike or motor vehicle accident, and the injury
was caused by the negligence of a third party, you can make a claim by clicking
on this link:
https://www.icwa.wa.gov.au/
motor-injury-
insurance/involved-in-a-
crash/make-a-claim

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This will start the process and it is recommended that
you also seek specialist legal advice.
Peninsula Lawyers are here. If you need any help at all you can contact us
08 9581 4339