If you’ve been injured in a car accident due to another persons negligent driving you are entitled to receive compensation for your injuries and losses.

The Insurance company involved in car accident claims is the Insurance Commission of Western Australia (“the Insurance Commission”).

Compensation for your injuries is usually paid by the Insurance Commission in the form of a final lump sum payment at the conclusion of the claim. Claims are usually finalised and settled at a settlement conference where the respective solicitors will negotiate on behalf of their clients settlement of the claim.

Even if you are partly to blame for the accident you will still be eligible to receive some compensation.

For example if you and the other driver were equally at fault in causing the accident a 50% discount from any final award of damages would be applied.

Separovic and Associates will take care of all matters relating to the processing of your claim and eventually negotiating a successful lump sum settlement with the Insurance Commission.

Tony Separovic specialises in advising clients as to the appropriate value of their claims and undertaking settlement negotiations on their behalf.

The vast majority of claims are finalised “out of court” without the need for a case to be tried before a judge.

It is common for claims to be finalised following negotiations which take place at settlement conferences. A settlement conference can be convened either informally between the parties or can take place at what is known as a “District Court pre-trial conference”.

Some restrictions apply in bringing a claim. In particular a claim for “general damages” for any pain and suffering; loss of enjoyment of life and permanent disability caused by the injury:

• Is limited by a threshold of $15,500. In other words if you have suffered a minor injury you will not be eligible to receive compensation for general damages.


• The maximum which can be claimed for general damages is $309,000.


• The threshold and maximum increases each year on 1 July. Click here to view the current motor vehicle accident threshold table.

It is recommended you seek legal advice:

• Before signing any statement dealing with the accident circumstances.


• As soon as possible after the accident.


• Before accepting any offer of settlement made by the Insurance Commission.


• For accidents after 15 November 2005 before the three (3) year statute of limitation period after which your claim will be abolished if legal proceedings are not commenced in the District Court.