Yes, pedestrians and cyclists in WA can generally claim compensation after a road accident where they can establish that the driver of a WA-registered motor vehicle was wholly or partly negligent and that negligence caused their injury, with claims made through the Insurance Commission of Western Australia. Fault, evidence and the type of accident all affect the outcome, and a personal injury lawyer Perth can help you understand where you stand.
People on foot or on a bike have little protection when a vehicle hits them, so injuries are often more serious than those suffered inside a car. Many are also unsure whether the compulsory insurance scheme applies to them at all, since they were not driving. In this article, we explain who is covered, how pedestrian and cyclist claim work, what happens after a hit and run, what compensation may include, the time limits and the steps that help protect your claim.
Key Takeaways
- If you were injured while you were on foot or on a bike, a WA CTP personal-injury claim generally depends on establishing that the driver of a WA-registered vehicle was wholly or partly negligent, and claims are managed through ICWA.
- Sharing some of the blame, or riding without a helmet, can lead to a reduction in your compensation.
- You may still have options if the driver left the scene or the vehicle involved was unlicensed.
- Personal-injury court proceedings are generally subject to a three-year limitation period. Lodging a claim with ICWA does not necessarily stop that period, so proceedings may need to be commenced before it expires. Different rules and possible extensions can apply, including for children.
- Notify the police, see a doctor without delay and hold on to every piece of evidence.
Who Is Covered Under the WA CTP Scheme?
Compulsory third party (CTP) insurance is not limited to drivers and passengers. It also protects other road users who are hurt because of how a vehicle was driven.
Every registered WA vehicle carries CTP cover through its registration fee, and the Insurance Commission of Western Australia (ICWA) manages the claims. A claim is lodged with ICWA, but legal liability generally turns on establishing that the driver was wholly or partly negligent and that negligence caused your injuries.
Making a Pedestrian Accident Compensation Claim WA
Pedestrians can be injured in many everyday situations, from crossing a busy road to walking through a shopping centre car park. Common examples include being struck at a pedestrian crossing or intersection, hit by a car reversing out of a driveway or parking bay, or injured by a vehicle that mounted the footpath.
ICWA will look at how the accident happened to decide who was at fault. If you were crossing against a red signal, stepped out suddenly or were affected by alcohol, your compensation may be reduced to reflect your share of responsibility.
Making a Cyclist Accident Compensation Claim WA
Cyclists face particular risks on Perth roads, including being clipped by vehicles overtaking too closely, struck by drivers turning across a bike lane and hit by car doors opening into their path. Injuries caused by the use of a registered motor vehicle, including dooring, can generally be claimed through ICWA.
ICWA has noted that not following the road rules can reduce compensation, even when another party is at fault. Bicycle riders must wear an approved helmet in WA, and failure to do so can lower your claim if it was responsible for any injury to your head. If your accident did not involve any motor vehicles but involved something like falling due to damage on the road or colliding with another rider, then the CTP scheme will not cover you, and you could consider a public liability claim instead.
What If the Driver Drove Off or Was Unlicensed?
Being injured by a driver who leaves the scene is stressful, but you may still have options. The Act permits a claim against the Commission where the driver negligently caused the injury and the identity of the vehicle cannot be ascertained, subject to statutory requirements (including prompt due search and inquiry and notice). A claim may still be available where the vehicle at fault was unlicensed, but the process and statutory requirements can differ.
These claims can face closer scrutiny because there is no driver to confirm what happened. Informing the police about the incident immediately and collecting information from witnesses or CCTV camera recordings will assist in proving your case.
What Compensation May Cover
The value of a claim depends on your injuries, your recovery time, and the effect on your work and daily life. Compensation could involve:
- Medical expenses, hospitalization, and rehabilitation charges
- Loss of earnings (past and future)
- Home care and assistance
- Travel expenses for treatment
- Pain and suffering
Payments for economic loss are subject to a cap, and an injury must meet a minimum threshold before pain and suffering can be compensated. A person who meets the prescribed catastrophic-injury criteria may apply to the Catastrophic Injuries Support Scheme, a no-fault scheme that pays necessary and reasonable assessed treatment, care and support needs while the person is a participant.
Time Limits for Pedestrian and Cyclist Claims
Personal-injury court proceedings are generally subject to a three-year limitation period. Lodging a claim with ICWA does not necessarily stop that period, so proceedings may need to be commenced before it expires. Different rules and possible extensions can apply, including for children, so parents of injured young pedestrians or riders should seek advice early.
Steps That Help Protect Your Claim
Pedestrian and cyclist claim often rely heavily on physical evidence, so these steps taken soon after the accident can strengthen your position:
- Report the crash to police and keep the reference number
- Get medical treatment promptly and attend all follow-up appointments
- Keep your damaged bike, helmet, clothing and shoes, and photograph them before any repairs
- Note the location, time, lighting and weather, and take photos of the scene if you can
- Keep a record of expenses and any income lost while you recover
Conclusion
Walking and cycling are part of everyday life in Perth, and being injured while doing either should not leave you without support. Where a driver’s negligence caused your injuries, the CTP scheme gives you a pathway to compensation. Keeping good evidence and acting within the time limits both work in your favour.
As lawyers at MPK Lawyers, we have helped pedestrians and cyclists in Perth with claims related to road injuries, ranging from evidence analysis to determining fault and potential compensation. If you have sustained injuries due to a road accident, talking to a personal injury lawyer Perth would give you a perspective on your options.
Frequently Asked Questions
1. Can I claim if I was hit by a car while crossing the road in WA?
You may be able to claim through ICWA if the driver was wholly or partly at fault. If you also contributed to the accident, your compensation may be reduced rather than refused.
2. Can a cyclist claim after being hit by an opening car door?
Generally, yes. Injuries caused when a door of a registered vehicle opens into a cyclist’s path can usually be claimed through ICWA, subject to how fault is shared between the parties.
3. What happens if I was not wearing a helmet?
You can still make a claim. Because helmets are compulsory for WA cyclists, ICWA will consider whether the lack of one worsened your injuries, and any reduction depends on the facts.
4. Can I claim if the driver who hit me drove off?
Sometimes. The Act permits a claim against the Commission where the driver negligently caused the injury and the identity of the vehicle cannot be ascertained, subject to statutory requirements (including prompt due search and inquiry and notice). It is advisable that you report the accident to the police immediately.
5. Do I need a lawyer for a pedestrian or cyclist injury claim?
It is not always required, but a personal injury lawyer Perth can help when injuries are serious, fault is disputed, the driver is unknown, or you are unsure about an offer.
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