Government to Introduce No-Fault Insurance for Catastrophic Injury Claims

In a recent Green Paper issued for public comment by the WA Government, the Government signalled that it was seriously examining the option of introducing no-fault insurance for people catastrophically injured in a motor vehicle accident regardless of fault.

The current scheme for compensation involving motor vehicle accidents requires a person to prove fault on the part of the other driver.

No-Fault Insurance for Catastrophic Injury Claims

If the injured person was at fault, they currently have no claim for compensation. The current proposals only apply to people who have suffered catastrophic injuries.

Catastrophic injuries are defined as spinal cord (paraplegic and quadriplegic), severe burns, multiple amputations, traumatic brain injuries and permanent traumatic blindness.

Whilst the Government is examining a number of options, the most favoured appears to be retaining the existing lump sum compensation scheme with drivers who have suffered catastrophic injuries as a result of their own fault being allowed to claim.

The scheme will be funded by an increase in third party registration fees of approximately $109.00.

Bradford Legal supports these changes as the current scheme is unfair. Often a driver simply as a result of inadvertence will suffer catastrophic injuries. These very seriously injured people are left to try and fund all their rehabilitation costs themselves.

Bradford Legal continues to represent a number of people who have, unfortunately, suffered catastrophic injuries. We recently achieved a settlement of $7,500,000.00 on behalf of a client.

If you would like to discuss any issues in relation to a catastrophic injury claim, please contact Tim Heard or Angus Castley by telephone or email, (08) 9316 2299, or

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