To talk about a new or existing ICWA claim or discuss a settlement offer please call 1800 106 107. We can quickly help you understand your rights and entitlements and provide you with free impartial advice.
An end to end service for injured motorists in Perth and WA
Compensation is just part of the story. Besides helping you make your claim, or wider team of specialists can also provide you with first-class medical care and rehabilitation support.
At Millner and Knight, we handle all ICWA claims on a no win no fee basis.
How to make a motor injury insurance claim
To make an ICWA claim you need to:
- Complete your online crash report here, and
- call the Insurance Commission on 08 9264 3333, and
- fill out a notice of intention to make a claim form, and
- a Medical Authority and return them to ICWA.
Please note: If you have been injured in a motor vehicle accident or someone is making a claim against you for injuries suffered in a motor vehicle accident, you should seek independent legal advice.
For help and advice regarding your matter, please call our Perth and WA experts on 08 6118 1673.
Why use a lawyer to make an ICWA claim?
Road accidents happen fast, often leaving victims hurt and in a deep state of shock. You may feel as if you were at fault when legally, you’re not. For this reason, anyone who’s been involved in a road accident should seek independent legal representation.
In Western Australia, to be eligible to make a compensation claim for personal injuries suffered in a road accident, you must be able to prove that another driver was fully or partially at fault. However, like most claims for personal injury, strict time limits apply so it’s important to act fast.
How long do I have to make a claim?
In general, claims must be brought within three years from the date you first became aware of your injury or you run the risk of being legally barred from pursuing a claim. If you have left it longer than three years please contact us as a matter of urgency as our panel may be able to grant you an extension in the courts.
If you are the owner or driver of a motor vehicle in a crash, you must report it as soon as practically possible. Drivers, passengers, pedestrians or cyclists injured in a crash, can notify ICWA for immediate help with medical treatment and rehabilitation.
ICWA claims for drivers
Car and motor vehicle accidents happen fast and can be caused by a combination of human and non-human errors. Even if you believe you were at fault as a driver, in a legal sense you may not be.
After any accident regardless of the severity, it’s important to not admit liability to anyone including ICWA or the police. Every day we speak to victims who have been pressured into admitting fault in the heat of the moment or have been pressured afterwards by another driver or the insurance commission.
If you believe you have a case, your first call should be to call us free on 1800 106 107. We can quickly help you come to terms with the incident and let you know whether or not you have a case.
Every day we help injured drivers in Western Australia start their motor injury insurance claims. Our local experts have decades of experience dealing with the insurance commission and know the state’s legislation like the back of their hand.
ICWA claims for passengers
It’s not just the driver who sustains injuries as the result of motor vehicle accidents, passengers of the vehicle are just as susceptible and often come out worse off.
Regardless of who or what caused the accident, injured passengers are almost always guaranteed compensation. Saying that thousands of people every year choose not to pursue compensation because they are uncomfortable with claiming against friend or family member.
If you’ve been injured and a close friend or family member was responsible please understand that all claims are made against the insurer (the Insurance Commission) not against the driver. For this reason, there’s no need to feel awkward or ashamed about making an ICWA claim because the driver won’t be left out of pocket.
Millner and Knight can provide you with free impartial advice about claiming with no obligation to start proceedings.
Cyclists, pedestrians and other road users
It isn’t just drivers who can make a claim for injuries suffered in a road accident. Road traffic accidents often involve cyclists and innocent pedestrians.
How long will an ICWA claim take?
This all depends on how serious your injuries are or how complex your case is. Even the most minor car crashes can leave victims with serious such as whiplash or in some instances minor brain injuries.
Claims generally take between two and three years to settle however minor claims can be sometimes settled in twelve months. Rest assured the experts at Millner and Knight will do everything in their power to fast track your case.
If you have lodged your own claim with the Insurance Commission, but have not received an offer within three years from when you first became injured, you may need to start court proceedings to preserve your claim. If so it would be wise to contact us so you don’t lose your right to compensation.
Self-representation and accepting offers
It’s not uncommon for ICWA to make early enticing settlement offers to victims with strong legal claims.
Choosing to represent yourself in a motor injury claim would literally be like a battle between David and Goliath. The insurance commission has a world-class legal team at their disposal who specialise in damage limitation. When they come up against people with little to no legal experience it’s easy pickings for them.
One of the most common reasons claimants choose to represent themselves or accept offers is legal fees. In fact, many of the people we speak to also have the same concern.
When you make a successful claim, the losing party are the ones who pay towards your solicitor’s legal costs.
On the other hand, if you lose your case, so long as you chose us to manage your matter on a no win no fee basis, you won’t be held liable for your solicitor’s fees.
At Millner and Knight, we handle all ICWA claims according to risk-free guarantee.
Number of ICWA claims in 2020
ICWA payout figures
General Damages (compensation for pain and suffering and other non-pecuniary loss) are based on a percentage of the maximum amount payable. % Gross Net % Gross Net 1 $4,250 Nil 25 $106,250 $106,250 2 $8,500 Nil 25.5 $108,375 $108,375 3 $12,750 Nil 26 $110,500 $110,500 4 $17,000 Nil 26.5 $112,625 $112,625 5 $21,250 Nil 27 $114,750 $114,750 5.5 $23,375 $1,375 27.5 $116,875 $116,875 6 $25,500 $3,500 28 $119,000 $119,000 6.5 $27,625 $5,625 28.5 $121,125 $121,125 7 $29,750 $7,750 29 $123,250 $123,250 7.5 $31,875 $9,875 29.5 $125,375 $125,375 8 $34,000 $12,000 30 $127,500 $127,500 8.5 $36,125 $14,125 30.5 $129,625 $129,625 9 $38,250 $16,250 31 $131,750 $131,750 9.5 $40,375 $18,375 31.5 $133,875 $133,875 10 $42,500 $20,500 32 $136,000 $136,000 10.5 $44,625 $22,625 33 $140,250 $140,250 11 $46,750 $24,750 34 $144,500 $144,500 11.5 $48,875 $26,875 35 $148,750 $148,750 12 $51,000 $29,000 36 $153,000 $153,000 12.5 $53,125 $31,125 37 $157,250 $157,250 13 $55,250 $33,250 38 $161,500 $161,500 13.5 $57,375 $35,375 39 $165,750 $165,750 14 $59,500 $37,500 40 $170,000 $170,000 14.5 $61,625 $39,625 41 $174,250 $174,250 15 $63,750 $41,750 42 $178,500 $178,500 15.5 $65,875 $45,250 43 $182,750 $182,750 16 $68,000 $49,500 44 $187,000 $187,000 16.5 $70,125 $53,750 45 $191,250 $191,250 17 $72,250 $58,000 46 $195,500 $195,500 17.5 $74,375 $62,250 47 $199,750 $199,750 18 $76,500 $66,500 48 $204,000 $204,000 18.5 $78,625 $70,750 49 $208,250 $208,250 19 $80,750 $75,000 50 $212,500 $212,500 19.5 $82,875 $79,250 55 $233,750 $233,750 20 $85,000 $83,500 60 $255,000 $255,000 20.5 $87,125 $87,125 65 $276,250 $276,250 21 $89,250 $89,250 70 $297,500 $297,500 21.5 $91,375 $91,375 75 $318,750 $318,750 22 $93,500 $93,500 80 $340,000 $340,000 22.5 $95,625 $95,625 85 $361,250 $361,250 23 $97,750 $97,750 90 $382,500 $382,500 23.5 $99,875 $99,875 95 $403,750 $403,750 24 $102,000 $102,000 100 $425,000 $425,000 $425,000.00 $22,000.00 $64,500.00 Amount D $6,500.00 Threshold Schedule 2019-20 Amount A Amount B Amount C (maximum amount payable) (threshold / deductible) (deductible decreases over this amount – no deductible for amounts > $86,500.00) (threshold for Gratuitous Services)
Contact details
Telephone
Local Call: +61 (8) 9264 3333
Outside the Perth metropolitan area (toll-free): 1800 643 338
Opening Hours
Monday: 8:00am – 5:00pm
Tuesday: 8:00am – 5:00pm
Wednesday: 8:00am – 5:00pm
Thursday: 8:00am – 5:00pm
Friday: 8:00am – 5:00pm
Saturday: CLOSED
Sunday: CLOSED
Public Holidays: CLOSED
By post or in person
If you need to contact ICWA by post, you can do so using the following address:
Insurance Commission of Western Australia
GPO Box U1908
Perth
Western Australia
6845
Online Enquiries
For online enquiries visit:
https://www.icwa.wa.gov.au/contact-us
Online Services If you need to make a complaint, you can do so here:
https://www.icwa.wa.gov.au/contact-us
