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CAR ACCIDENT LAWYERS PERTH

A legal service proudly provided by B Legal Lawyers

 

Find out instantly whether we can assist you with your existing claim for compensation for motor vehicle accident injuries or death with the Insurance Commission of WA.

ABOUT US

Car Accident Lawyers Perth is a service provided by B Legal Lawyers, a Perth law firm that can assist you with achieving the best possible outcome for your motor vehicle accident injury compensation claim.

Car Accident Lawyers Perth offers a mobile lawyer service which means that we can visit you at your home or place of work both during and outside business hours. We can also arrange to meet with you at one of our available meeting rooms which are located at various convenient locations throughout the Perth metropolitan area.

We offer our services on a no win no fee* basis and agree to cap our costs at 10%​ of the damages you receive if you are successful. 

Car Accident Lawyers Perth is a legal service proudly provided by B Legal Lawyers - a law firm operated by Conor Reidy. 

Conor was admitted as a barrister and solicitor in 2003 and has extensive personal injury claims' experience. Having previously acted as a lawyer for motor vehicle accident insurers, Conor is very well placed when it comes to negotiating the settlement of your claim with insurers and their legal representatives.  Conor prides himself on achieving the best results for his clients and has a history of achieving excellent outcomes for his clients. 

 

FREQUENTLY ASKED QUESTIONS

What is Motor Vehicle Accident Injury Insurance?


Motor vehicle accident injury insurance is compulsory insurance that provides 1.8 million drivers and 2.9 million owners of Western Australian registered motor vehicles with cover for injuries they cause to others in a motor vehicle accident that occurs anywhere in Australia. Compulsory motor vehicle accident injury insurance is paid for in Western Australia each time a motor vehicle is registered with the Department of Transport.




What is the role of the Insurance Commission of Western Australia?


The role of the Insurance Commission of Western Australia is to manage motor injury insurance claims and to pay compensation (including for medical treatment and other expenses) to persons injured in motor vehicle accidents through the fault of another driver. Motor vehicle accident injury insurance also provides cover for persons who sustain catastrophic injuries in a motor vehicle accident in Western Australia where the fault of another person cannot be established.




Who can make a claim for motor vehicle injury insurance?


You can complete our free online assessment to find out instantly whether we can assist you with your existing claim for compensation for motor vehicle accident injuries or death with the Insurance Commission of Western Australia. The types of persons who can make a claim for motor injury insurance include the following:

  • Drivers of motor vehicles.
  • Passengers of motor vehicles.
  • Pedestrians.
  • Cyclists.
  • Motorcyclists and pillion passengers.
A motor vehicle is “any vehicle propelled by gas, oil, electricity or any other motive power, not being animal power, required to be licensed, and complying with the requirements necessary for licensing, under the Vehicles Act and includes a caravan, trailer or semi-trailer drawn or hauled by a motor vehicle” You are entitled to make a claim to the Insurance Commission of Western Australia for motor vehicle injury insurance if:
  1. The motor vehicle driven by the at fault person was registered in Western Australia;
  2. You were not at fault or were only partly at fault for the motor vehicle accident; and
  • you were injured in the motor vehicle accident; or
  • a close relative whom you were financially dependent on was fatally injured in a motor vehicle accident and you were financially dependent on them (see dependency claim below).
You can claim for Catastrophic Injury Support (your treatment, care and support needs) from the Insurance Commission of Western Australia if you were catastrophically injured in a motor vehicle accident in Western Australia from 1 July 2016 and are unable to establish fault of another driver. You can also make a claim if the motor vehicle that caused the crash is unidentified, such as in a ‘hit and run’ scenario. A catastrophic injury includes traumatic brain injury, spinal cord injury, amputation(s), permanent blindness, or severe burns sustained from a motor vehicle accident. The treatment, care and support needs of a person are the needs of the person for or in connection with any of the following — (a) medical treatment (including pharmaceuticals); (b) dental treatment; (c) rehabilitation; (d) ambulance transportation; (e) respite care; (f) domestic assistance; (g) attendant care services; (h) aids and appliances; (i) prostheses; (j) education and vocational training; (k) home and transport modification; (l) any other kinds of treatment, care, support or services that are approved by the Insurance Commission of Western Australia (either generally, for specified classes of cases, or for a particular person). If you were involved in a motor vehicle accident caused by the driver of a vehicle registered in another state or territory, you may be able to make a claim to the motor injury insurer in that state or territory.




Can you make a dependency claim?


If a relative of yours has died in a vehicle crash and you were dependent on their financial support or the services provided by that person, you may be able to make a dependency claim under the Fatal Accidents Act 1959. A relative is defined in Schedule 2 of the Fatal Accidents Act 1959 as being: “(a) a person who immediately before the deceased’s death was — (i) the spouse of the deceased; or (ii) a de facto partner of the deceased who was living in a de facto relationship with the deceased and had been living on that basis with the deceased for at least 2 years immediately before the deceased died; (b) any person who was the parent, grandparent or step parent of the deceased; (c) any person who was a son, daughter, grandson, granddaughter, stepson or stepdaughter of the deceased; (d) any person to whom the deceased person stood in loco parentis immediately before the death of the deceased; (e) any person who stood in loco parentis to the deceased person immediately before his death; (f) any person who was a brother, sister, half-brother or half-sister of the deceased person; and (g) any person who was a former spouse or former de facto partner of the deceased person whom the deceased was legally obliged, immediately before his or her death, to make provision for with respect to financial matters.)” A close relative is a spouse, de facto partner (having lived together uninterrupted for two years prior to the crash), biological or adopted child, parent, grandparent, step-parent, sibling or grandchild of the person who was fatally injured. You may be able to claim:

  • Your relative’s funeral and headstone expenses up to the amount of $10,000;
  • Your relative’s medical expenses prior to death;
  • Past gratuitous services provided by friends and family;
  • Loss of financial support (e.g. the proportion of your deceased relative’s income that you were receiving);
  • Loss of services provided to you by your relative such as domestic & parental support (e.g. childcare); and
  • Other losses.




Is there a time limit to bring a motor vehicle accident injury claim?


Yes

Section 14(2) of the Limitations Act WA 2005 provides that “an action under the Fatal Accidents Act 1959 for damages relating to the death of a person cannot be commenced if 3 years have elapsed since the death.”

This means that it is unlikely that you can make a claim if it has been more than 3 years since the death. However, please note that the Courts may provide an extension of time to make a claim in certain limited circumstances including following:

  1. You were under the age of 18 when the motor vehicle accident occurred; or

  2. You were suffering a mental disability when the motor vehicle accident occurred; or

  3. When the limitation period expired:

    • you were aware of the physical cause of the death and that the death was attributable to the conduct of a person but after reasonable enquiry, you had been unable to establish that person’s identity.

    • you were aware of the physical cause of the death but were not aware that the death was attributable to the conduct of a person; or

    • you were not aware of the physical cause of the death; or

  4. The at fault party and or the Insurance Commission of Western Australia agree to extend the limitation period; or

  5. The at fault party and or the Insurance Commission of Western Australia agree to extend the limitation period by way of confirmation (through their/its actions).




What can you claim from the Insurance Commission of Western Australia?


You can claim compensation from the Insurance Commission of Western Australia for the following items:

  • Loss of past and future income if you are unable to work as a result of your car accident injuries. The payments you can claim are your wages and are restricted to a maximum of three times the full-time average weekly earnings in Western Australia. You can claim interim payments if this is necessary to avoid you suffering unnecessary hardship.
  • Pain and suffering (and other general damages) arising from the motor vehicle accident, including compensation for loss of amenities of life, loss of enjoyment of life, curtailment of life expectation, and bodily or mental harm.
  • Past and future gratuitous services from family and friends.
  • Past and future medical treatment, equipment and medication expenses including:
    • Emergency transport from the site of the motor vehicle accident to the hospital.
    • Emergency treatment at a public or private hospital.
    • Home visit nursing services after you are discharged from hospital.
    • Medical treatment provided by doctors and other specialists.
    • Pathology tests.
    • Medical imaging such as X-ray, CT/CAT Scans, MRI and Ultrasound.
    • Prescribed Medication.
    • Hired or purchased equipment that you have been prescribed by your treating medical practitioner such as a wheel chair.
    • Dental treatment.
    • Damaged medical aids including glasses, dentures, hearing aids and mobility aids.
    • Rehabilitation services including physiotherapy.
    • Therapy services including physiotherapy, chiropractic, podiatry, massage, osteopathy, psychology and optometry.
    • Household support services such as housekeeping and gardening services you require whilst you are injured.
    • Travel expenses to and from your medical and other related appointments.

The Insurance Commission of Western Australia will pay reasonable and necessary expenses up to the maximum amounts set out in the Australian Medical Association recommended rates for medical services, medical treatment and diagnostic imaging, and up to the WorkCover WA scale of fees for treatments provided by allied health providers.

It is important that you check with your medical treatment provider as there may be a gap payment payable by you being the difference between their fees and the fees allowable by the Insurance Commission of Western Australia.




How is compensation for general damages (for pain and suffering including compensation for loss of enjoyment of life, loss of amenities of life, bodily or mental harm and curtailment of life expectation) calculated?


The way in which general damages is calculated is complex and based upon a Threshold Schedule.

To put it as simply as possible, the amount you are entitled to by way of compensation for general damages is calculated based upon your injuries as a percentage of the worst-case scenario type of injury.

Once we have gathered and assessed the evidence in support of your existing claim we will advise you regarding the range (best case scenario to worst case scenario) of amounts that you might expect to receive to by way of compensation for general damages.




In what circumstances can the amount you receive be reduced?


The amount you can receive from the Insurance Commission of Western Australia can be reduced if any of the following apply:

  • you were not wearing a seatbelt when the crash occurred;
  • you were not wearing a helmet while riding a motorbike, scooter or bicycle when the crash occurred;
  • you were riding unrestrained in an open-top vehicle when the crash occurred;
  • you were partly responsible for the crash; or
  • the driver of your vehicle was under the influence of alcohol or drugs.




Why should you strongly consider seeking assistance from a lawyer with your existing claim for compensation for personal injury arising from a motor vehicle accident?


An experienced lawyer will:

  1. Guide you through the complex claims process.
  2. Assess your claim thoroughly to ensure you are claiming all of your compensable losses such as damages for pain and suffering, past and future medical expenses, past and future economic loss (loss of earnings), past and future gratuitous assistance etc.
  3. Use their highly tuned negotiation skills when conducting settlement negotiations on your behalf to ensure you receive the best possible settlement outcome.
  4. Alleviate your stress and worry through resolving the matter expeditiously and efficiently.
  5. Advise you whether you should accept an early settlement offer or if necessary commence legal proceedings to ensure you receive the maximum amount you're are entitled to.
  6. Have a respectful relationship with the officers of the Insurance Commission of Western Australia and their legal representatives with whom they will work together with to ensure your claim is finalised quickly and fairly so as to allow you to put the incident behind you and move on with your life.




Why choose B Legal Lawyers to assist you with your existing claim for compensation for motor vehicle accident injuries or death?


  1. We will agree to assist you on a No Win No Fee Basis* Click here for further information regarding this arrangement and our costs generally.
  2. We will agree to cap our costs at 10 % of what you are paid for damages by the Insurance Commission of Western Australia plus the contribution by the Insurance Commission of Western Australia’s contribution to your legal costs. In other words, you will receive at least 90 % of the damages you receive from the Insurance Commission of Western Australia (less any repayments you are required to make to Medicare, Centrelink or your private health insurer(s)). Click here for further information regarding this arrangement and our costs generally.
  3. We offer a free, no obligation initial telephone conference to determine whether you can make a claim for insurance compensation for your injuries and or losses. You can also use our free instant online assessment tool to see if you can make a claim by clicking here.
  4. We strive to provide the best possible service to our clients. We measure our success based upon our clients’ experiences with our service. Based upon positive client reviews we are rated as one of Perth’s best Perth personal injury law firms on the independent website known as Judge your Lawyer.
  5. We offer a mobile lawyer service which means we can visit you at your home or place of work. We can of course also arrange to meet with you at one of our available meeting rooms which are located at various convenient locations throughout the Perth metropolitan area.
  6. We know you have a busy life and we are therefore happy to meet with you outside of regular business hours and on weekends.
  7. We only accept a relatively small number of clients’ claims each year. This ensures that your claim is given the full attention it deserves, and we can allocate more than enough time to ensure you are properly taken care.
  8. We will only agree to act for you if we believe your claim has reasonable prospects of success.
  9. We will never deliberately over-inflate your expectations regarding the amount you might receive by way of compensation for your motor vehicle accident injuries.
  10. Your claim will be handled by the principal of B Legal Lawyers, Conor Reidy from start to finish with assistance from a highly skilled barrister. Conor was admitted as a barrister and solicitor in 2003 and has extensive personal injury claims' experience. Having previously acted as a lawyer for motor vehicle accident insurers, Conor thoroughly understands the commercial motives of insurers and is therefore very well placed when it comes to negotiating settlement of your claim with insurers and their legal representatives.
  11. When you need to discuss the progress of your claim you will be able to speak with Conor. You can telephone Conor directly on his mobile telephone rather than speaking with receptionists, secretaries or paralegals.




Do you need to go to Court to resolve your claim?


Most claims are settled without the need for you to attend a hearing in the District Court of Western Australia.

Statistics collected by the Insurance Commission of Western Australia provide that “less than one per cent of claims are settled in court”.




What is the process for making your claim?


Step 1 – Receive appropriate medical treatment for your motor vehicle accident injuries.

You should attend a hospital and or appropriate medical practitioner to ensure that you receive adequate treatment for your injuries. It may be that you will need to attend your general practitioner, physiotherapist and psychologist for assistance with the symptoms of your injuries until the symptoms of your injuries have fully resolved.

You need to keep a record of the treatment you receive and keep copies of all invoices relating to the cost of your treatment. We recommend that you keep a diary detailing the symptoms of your motor vehicle accident injuries and the treatment you receive. If we are assisting you with your existing claim we will submit the invoices for your medical treatment to the Insurance Commission of Western Australia with a request for reimbursement.

It is very important that you prioritise your recovery and be diligent in attending all of the recommended appointments with your medical practitioners.

Step 2 – Report the motor vehicle accident

If you are the owner or the driver of a motor vehicle that is involved in a motor vehicle accident you are required to report it as soon as possible after the accident. You do not need to attend a police station or contact the Insurance Commission of Western Australia to report the motor vehicle accident.

You can report the motor vehicle accident online on this website.

In order to report motor vehicle accident you will need the following information:

  • the date, time and location of the motor vehicle accident;

  • the licence plate numbers of the vehicles that were involved in the motor vehicle accident;

  • the names and addresses of all of the parties involved in the motor vehicle accident; and

  • the names and addresses of any witnesses of the motor vehicle accident.

Please do not hesitate to contact us if you have any questions or require assistance with reporting the motor vehicle accident.

Step 3 - Notify the Insurance Commission of Western Australia of your motor vehicle accident injury claim

Please note that if you are experiencing difficulties with doing so, we can assist you with notifying and commencing your claim with the Insurance Commission of Western Australia.

You should contact the Insurance Commission of Western Australia to notify them of, and to commence, your claim.

If you require our assistance at this stage, we will write to the Insurance Commission of WA ("ICWA") on your behalf. We will provide the Insurance Commission of Western Australia with copies of all of your treatment invoices and request that it advise us of its position with respect to liability for your claim. Usually the Insurance Commission of Western Australia will reimburse you for your reasonable injury treatment expenses. Usually a reference number will be provided by the Insurance Commission of WA so that your treating medical practitioners can then send invoices for treatment expenses directly to the Insurance Commission of Western Australia for payment.

Step 4 – Contact us for assistance

Once you have reported the accident and commenced a claim with ICWA you should contact us for a Free, No Obligation telephone conference so that we can advise you whether we can assist you with your existing motor vehicle accident injury claim.

The principal of B Legal Lawyers, Conor Reidy will be the person you will speak with every time you call us.

If we are able to assist you, we will arrange a meeting with you to take your instructions with respect to how the accident occurred and regarding the nature and extent of your injuries and losses. At that meeting we will explain our costs and enter a costs agreement with you.

We will then assist you with the conduct of your claim until the matter is finalised. We will undertake all correspondence with the Insurance Commission of Western Australia on your behalf.

Step 5 – Gather evidence in support of your claim

We will assist you with gathering evidence for your claim so as to ensure you receive the maximum amount that you are entitled to for the losses you suffer as the result of your motor vehicle accident injuries.

We will obtain copies of your treatment records from the hospital, your general practitioner, your physiotherapist, your psychologist and any other relevant medical treatment providers.

If required we will recommend that we be instructed to obtain medical reports from suitably qualified independent medical experts such as orthopaedic surgeons and psychiatrists in support of your claim for compensation. These reports will be provided to the Insurance Commission of Western Australia and will be relied upon in settlement negotiations and tendered as evidence if a Court hearing is necessary.

If you have been unable to work as a result of your motor vehicle accident injuries we will need to obtain documentary evidence of your loss of income and earning capacity to provide to the Insurance Commission of Western Australia in support of a loss of income/earning capacity claim.

Step 6 – Meeting with Barrister before Informal Settlement Conference

Once your injuries have resolved or stabilised we will arrange a meeting between you, the principal of B Legal Lawyers (Mr. Conor Reidy) and a highly skilled barrister to discuss your claim, the evidence, tactics and our opinion as to amount you are entitled to received by way of compensation for your injuries and losses. If necessary we will obtain further evidence required in support of your claim

Step 7 – Attend an Informal Settlement Conference with the Insurance Commission of WA

If appropriate, we will arrange an informal settlement conference with an officer of the Insurance Commission of Western Australia. You will be required to attend the informal settlement conference with the principal of B Legal Lawyers (Mr. Conor Reidy) and a highly skilled barrister.

Your role at the informal settlement conference will simply be to provide settlement instructions to Conor and the barrister. Conor and the barrister will negotiate with the officer from the Insurance Commission of Western Australia in the hope of agreeing a settlement amount that you are happy to accept in full and final settlement of your claim.

Conor and the barrister will advise you as to whether you should accept or reject any settlement offers and with respect to making appropriate counter offers.

If you accept the amount that the Insurance Commission of Western Australia offers you, your claim will then be settled and finalised.

If you do not accept the amount that the Insurance Commission of Western Australia offers you, it will be necessary for you/us to commence legal proceedings in the District Court of Western Australia.

Step 8 – Commence legal proceedings in the District Court

If it has not been possible to settle your claim at the informal settlement conference it will be necessary for you/us to commence legal proceedings in the District Court of Western Australia against the at fault party.

Once legal proceedings have been commenced the District Court will make orders for you and the at fault party to attend a pre-trial conference to try to settle the matter before a trial. You will attend the pre-trial conference with Conor and a barrister. The vast majority of claims settle either at the pre-trial conference or before a trial.

If your claim does not settle, we will prepare your matter for trial so that the Court can make a finding regarding liability (if required) and to assess the amount of damages (compensation) that you are entitled to.




What do you have to pay in legal fees?


We would be delighted to assist you with your existing claim on a no win no fee basis*. We would also agree to limit our costs to 10 % of the damages that you recover from the Insurance Commission of Western Australia. Click here to find out more about our costs and the basis on which we can act for you





 

LOCATIONS WE SERVICE

Car Accident Lawyers Perth proudly assists clients with motor vehicle accident injury claims

in all Perth suburbs and surrounding areas including the following:

Alexander Heights - Alfred Cove – Alkimos – Anketell - Applecross - Ardross - Armadale - Ascot – Ashby – Ashendon – Ashfield - Attadale – Atwell - Aubin Grove – Aveley - Avon Valley – Bailup – Balcatta - Baldivis – Balga - Ballajura – Banjup - Banksia Grove - Barragup - Baskerville - Bassendean - Bateman - Bayswater - Beaconsfield – Beckenham – Bedford - Bedfordale - Beechboro – Beechina - Beeliar – Beldon - Belhus - Bellevue – Belmont - Bennett Springs - Bentley – Bertram - Bibra Lake - Bickley - Bicton - Bindoon - Boddington – Booragoon - Booragoon – Boya – Brabham – Brentwood - Brigadoon – Brookdale - Bullcreek - Bullsbrook - Burns Beach - Burswood – Butler - Byford – Calista – Camillo - Canning Bridge - Canning Mills - Canning Vale - Cannington – Carabooda – Cardup - Carine - Carlisle - Carmel - Carramar – Casuarina - Caversham - CBD - Champion Lakes - Chidlow – Chittering – Churchlands - City Beach - Clackline - Claremont – Claremont - Clarkson – Clarkson – Cloverdale - Cockburn - Como - Connolly - Coogee – Coolbellup – Coolbinia – Cooloongup - Cottesloe – Craigie - Crawley – Cullacabardee - Currambine - Daglish - Dalkeith – Darch - Darling Downs - Darlington - Dawesville – Dayton - Dianella - Doubleview - Duncraig – Dwellingup - East Cannington - East Fremantle - East Perth - East Rockingham - East Victoria Park - Eden Hill - Edgewater - Ellenbrook - Embleton – Falcon – Ferndale - Floreat  - Forrestdale - Forrestfield – Fremantle - Garden Island – Gidgegannup – Gingin – Girrawheen - Glen Forrest – Glendalough – Gnangara - Golden Bay - Gooseberry Hill – Gorrie Gosnells – Greenfields – Greenmount – Greenmount – Greenwood – Guilderton -  Guildford – Gwelup - Hacketts Gully -  Halls Head – Hamersley - Hamilton Hill -  Hammond Park – Harrisdale – Haynes – Hazelmere – Heathridge - Helena Valley -  Henderson -  Henley Brook – Herdsman - Herne Hill - High Wycombe – Highgate – Hilbert – Hillarys – Hillman – Hilton – Hocking - Hope Valley – Hopeland – Hovea – Hovea – Huntingdale – Iluka – Inglewood - Innaloo – Jandabup – Jandakot - Jane Brook – Jarrahdale – Jindalee – Jolimont – Joondalup – Joondanna - Kalamunda – Kallaroo – Karawara – Kardinya – Karnup – Karragullen – Karrakatta – Karrakup – Karrinyup – Kelmscott - Kensington – Kenwick – Keralup – Kewdale – Keysbrook – Kiara - Kings Park - Kingsley - Kinross - Koondoola - Koongamia - Kwinana - Kwinana Beach - Kwinana Town Centre - Lancelin - Landsdale - Langford - Lathlain - Leda - Ledge Point - Leederville - Leeming - Lesmurdie - Lexia - Lockridge - Lower Chittering - Lynwood - Maddington - Madeley - Mahogany Creek - Maida Vale - Malaga - Mandogalup - Mandurah - Mandurah East - Manning - Marangaroo - Mardella - Mariginiup - Marmion - Martin - Maylands - Meadow Springs - Medina - Melaleuca - Melville - Menora - Merriwa - Middle Swan - Midland - Midvale - Millendon - Mindarie - Mindarie Keys - Mirrabooka - Moore River - Morley - Mosman Park - Mount Claremont - Mount Hawthorn - Mount Helena - Mount Lawley - Mount Nasura - Mount Pleasant - Mount Richon - Mullaloo - Mundaring - Mundijong - Munster - Murdoch - Myaree - Naval Base - Nedlands - Neerabup - Neeragabby - New Norcia - Newburn - Nollamara - Noranda - North Beach - North Coogee - North Fremantle - North Lake - North Perth - Northam - Northbridge - Nowergup - O’Connor - Oakford - Ocean Reef - Oldbury - Orange Grove - Orelia - Osborne Park - Padbury - Palmyra - Parkerville - Paulls Valley - Pearsall - Peppermint Grove - Peron - Perth - Perth Airport - Piara Waters - Pickering Brook - Piesse Brook - Pinjar - Pinjarra - Port Kennedy - Postans - Queens Park - Quindanning - Quinns Rocks - Ravenswood - Red Hill - Redcliffe - Reservoir - Ridgewood - Riverton - Rivervale - Rockingham - Rockingham Beach - Roleystone - Rossmoyne - Rottnest Island - Safety Bay - Salter Point - Samson - Sawyers Valley - Scarborough - Secret Harbour - Serpentine - Shelley - Shenton Park - Shoalwater - Sinagra - Singleton - Sorrento - South Fremantle - South Guildford - South Lake - South Perth - South Yunderup - Southern River - Spearwood - St James - Stirling - Stoneville - Stratton - Subiaco - Success - Swan Valley - Swan View - Swanbourne - Tamala Park - Tapping - The Lakes - The Spectacles - The Vines - Thornlie - Toodyay - Treeby - Trigg - Tuart Hill - Two Rocks - Upper Chittering - Upper Swan - Upper Swan - Valley Ridge - Victoria Park - Viveash - Waikiki - Walliston - Wandi - Wanerie - Wangara – Wannanup - Wanneroo - Warnbro - Waroona - Warwick - Waterford - Waterman - Watermans Bay - Wattle Grove - Wattleup - Wellard - Welshpool - Wembley - Wembley Downs - West Leederville - West Midland - West Perth - West Pinjarra - West Swan - Westminster - Whitby - White Gum Valley - Whiteman - Willagee - Willetton - Wilson - Winthrop - Woodlands - Woodridge - Woodvale - Wooroloo - Wungong - Yanchep - Yangebup - Yokine - York

 

COSTS

Can we assist you on a “No Win No Fee” basis and what does this actually mean?

 

Yes.

 

We can assist you with your motor vehicle accident injury claim on a “no win no fee” basis.

 

“No win no fee” means that if your claim is unsuccessful you do not have to pay our legal fees.  We will not agree to exist you with your claim unless we are confident that it will be successful.

 

You will be responsible for paying disbursements.  An example of a disbursement is the cost of a medical report from a medical practitioner in support of your claim.  We will not incur any disbursement expenses without receiving your consent to do so.  In most circumstances, the Insurance Commission of Western Australia will reimburse you for the disbursements you have paid.

 

If you commence legal proceedings and you are unsuccessful at a trial (court hearing) the court may make an order for you to pay the legal costs of the other party.  We would, during the course of acting for you,  advise you against commencing legal proceedings and or against continuing to pursue legal proceedings against another party, unless we are of the opinion that your claim has better than reasonable prospects of success.

What is the most that you will pay for legal fees?

To provide you with certainty we will cap our legal fees at 10 % of what you receive for damages from the Insurance Commission of Western Australia, plus the Insurance Commission of Western Australia’s contribution to your legal costs. 

 

In other words, you will receive at least 90 % of the damages you receive from the Insurance Commission of Western Australia [less any repayments you are required to make to Medicare, Centrelink or your private health insurer(s)].

Example 1 - What you might be required to pay for legal fees

  • The Insurance Commission of Western Australia agrees to pay you damages of $100,000 by way of settlement of your claim.

  • The Insurance Commission of Western Australia agrees to pay all of your disbursements by way of settlement of your claim.

  • The Insurance Commission of Western Australia agrees to make a contribution of $8,000 towards your legal costs by way of settlement of your claim.

  • Our fees (your legal costs) are $12,000.

  • $12,000 less the $8,000 contribution from the Insurance Commission of Western Australia towards your legal costs, leaves a shortfall of $4,000.  You are required to pay $4,000 towards our legal fees.

  • As a result, you receive $96,000 for damages [less any repayments that you are required to make to Medicare, Centrelink or your private health insurer(s)].

Example 2 - What you might be required to pay for legal fees

  • The Insurance Commission of Western Australia agrees to pay you damages of $20,000 by way of settlement of your claim.

  • The Insurance Commission of Western Australia agrees to pay all of your disbursements by way of settlement of your claim.

  • The Insurance Commission of Western Australia agrees to make a contribution of $8,000 towards your legal costs by way of settlement of your claim.

  • Our fees (your legal costs) are $12,000.

  • $12,000 less the $8,000 contribution from the Insurance Commission of Western Australia towards your legal costs, leaves a shortfall of $4,000.  We have capped our legal fees at 10% of what you receive for damages.  Therefore, you are required to pay $2,000 (10% of $20,000) towards our legal fees.

  • As a result, you receive $18,000 for damages [less any repayments that you are required to make to Medicare, Centrelink or your private health insurer(s)].

Mrs K Kell

"Conor provided a personable and extremely efficient service. Having a lawyer come to our home made the whole experience less stressful, and we're very happy with Conor's professionalism and consideration of our particular needs when preparing the legal documentation. We would highly recommend Conor to our friends and family, and any one else who needs legal assistance. Many thanks, Conor."

 
 
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