Can Passengers Claim Compensation in a Motor Vehicle Accident?
In Western Australia, a passenger is entitled to claim compensation for his or her injuries no matter who was at fault. However, there are some exceptions that can significantly reduce your award or eliminate it altogether. That is why we believe it is necessary to call a lawyer before you call anyone else.
The Insurance Commission requests that you report an accident immediately. They send you a claim form and then you fill it out. They may also have an investigator talk to you about the crash. Then, they try to determine who was at fault in the accident, taking into consideration your claim form along with other forms concerning the same accident. They also talk to any other investigators who have worked on the case.
If they accept your claim, they go over medical reports and pay what they call “reasonable amounts” for your medical care. Only after your injuries have stabilised do they look at other compensation such as pain and suffering or loss of income. Eventually they “settle the claim.” Usually, this means they make a counteroffer that isn’t as much as you were asking for.
In most cases, you will be covered no matter who is at fault. If both parties are found to be partially at fault, funds will come from the third party insurers of both drivers. If the driver of either car is found to be totally at fault, compensation will come from that driver’s insurance company.
Call Bradford Legal
While you are in great position as a passenger, it isn’t as easy as it sounds. You need a lawyer who specialises in Perth injury law to represent your interests.
Call 1300 738 303.