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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 we can assist you with your existing claim. However, please note that the Courts may provide an extension of time for you to make a claim in certain limited circumstances including following:

 

  • You were under the age of 18 when the motor vehicle accident occurred 

  • You were suffering a mental disability when the motor vehicle accident occurred

  • When the limitation period expired:

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

    • 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 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.

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

  • 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).

 

Please do not hesitate to contact us if it has been 3 years since the motor vehicle accident and you believe there might be grounds for the limitation period to be extended. 

 

We would be happy to provide you with a quote for a fixed fee advice regarding your personal circumstances.

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**Disclaimer 

 

The information contained in this personal assessment is a guide only and is provided to give you no more than a general idea of 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 information is not legal information or advice, and you must obtain advice from a solicitor regarding your own specific personal situation.  B Legal Lawyers accepts no liability for any losses you incur as a result of you acting on or relying upon the information contained in this personal assessment.

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