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Protect your rights

Your right to fair compensation if you are injured in a motor accident is under serious threat from a radical change to the law being proposed by the WA Government.

We are calling on you to help us protect and preserve your rights to claim fair compensation.

The government has introduced legislation (link to the Bill) to stop insurance claims harvesting, but this legislation will also seriously reduce your right to have an independent and fair assessment of your need for compensation if you are injured on the road.

This change will benefit the insurer and individuals will suffer. The right to fair compensation should not be eroded to increase the profits of the monopoly Government-owned insurer, the Insurance Commission of Western Australia.
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The rights of victims of road traffic accidents
should be preserved
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If this legislation is passed, all West Australians - drivers, passengers, bicycle users, children and pedestrians – who are injured on the road through no fault of their own will receive less compensation for their expenses and losses.

The proposed new laws will make it unfair, expensive and difficult for innocent victims to recover proper compensation for their injuries.

Time off work, treatment expenses, pain and suffering, and domestic assistance needs can all result in losses to an individual which seriously disrupt their life. These losses and damages should be fully compensable.
Take action now to protect your rights
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Ask yourself: why should I, and my loved ones, be short-changed when I am injured in an accident that was not my fault? Why should your family’s livelihood be put at risk when you have suffered injury or loss due to another driver’s negligence, including the drunk, careless or drug-affected driver?

Clearly you shouldn’t, but this is exactly what you may face if the Government presses ahead with this change.

Write to your local member of the Legislative Assembly or Legislative Council and speak up about the importance of preserving the rights of the victims of motor accidents. Use this fact sheet to help explain your concerns to your local representative.
More resources and information
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Listen to our radio ads here.

Read media reports here.

Read The Law Society’s concerns here.

Read out fact sheet here.
FAQ

  • 1. Why are my rights at risk?

    In November 2023 the WA Treasurer introduced legislation to stop insurance claims harvesting, but this legislation will also seriously reduce the right to have independent and fair assessment of compensation for injuries sustained in motor vehicle accidents.

    We can all agree that predatory cold calling and claims harvesting is bad and should be stopped. We can never agree that the new processes should be allowed to mean less compensation for innocent road users.

  • 2. What is proposed and why should I be concerned?

    The Government is establishing compulsory settlement conferences preventing you from bringing a claim in the Courts, even if that is the best way to obtain fair compensation.

    The settlement regime would compel people injured in a motor accident through no fault of their own to settle too early, before the full extent of their injuries, future treatment requirements and future loss of earnings have become clear.

  • 3. Who will the new law affect?

    The new law will affect people who are already injured but who have not formally started the claims process, and people who are injured in the future.

  • 4. What rights could I lose?

    All of your common law rights – accessing full and fair compensation through legal proceedings – under the existing Motor Vehicle Injury scheme will be subject to a new restrictive process. This includes your right to compensation for pain and suffering; loss of income; medical and other treatment expenses, equipment needs and domestic or personal care and assistance.

    Drivers, passengers, bicycle users, children and pedestrians – West Australians who have been injured through no fault of their own – will receive less compensation for their expenses and losses.

    The new processes will compel injured West Australians to settle before the full extent of their injuries, needs and losses have become clear, even including children and those with very serious injuries who are still having intensive medical treatment.

    Experience with restrictive schemes in other states has shown that the type of new Motor Vehicle Injury scheme proposed by the current Government will erode the compensation available to innocent victims of motor accidents.

  • 5. What can I do to help protect and preserve my rights?

    To protect and preserve your rights, we need to ensure the process is fair and transparent and that the Labor Government is properly informed of how the changes would drastically reduce the rights of road users injured by someone else’s negligence.

    We encourage you to:

    • Write to your local member of the Legislative Assembly or Legislative Council and speak up about the importance of preserving the rights of the victims of motor accidents. Click here for the contact details for your local representative.
    • Write to the The West Australian and your local newspaper / call the local radio about your concerns;
    • Watch for media stories about the harsh new laws;
    • Talk to your friends and family members about the importance of protecting their rights.
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