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A car accident can leave you stressed, overwhelmed and unsure about what steps to take next. That’s why we’ve created this simple guide to help you understand how car accident claims work in Perth.
Our experienced lawyers break everything down step by step: what to do right after the accident, how to start your claim, and the types of compensation you may be entitled to.
If you’d prefer to speak with someone directly, just reach out. Our Perth car accident lawyers will listen to your story and explain your legal options — completely free of charge.
Start your free online claim check
Find out if you’re eligible for a car accident claim in Perth today.
If you’ve been injured on the road in Perth, you could be entitled to compensation. While we often use the catch-all term ‘car accident claims’, you can actually get compensation for any type of motor accident.
Our experienced Perth car accident lawyers can assist with a wide range of claims, including:
You could also have a car accident compensation claim if:
Your child was injured in a road-related incident.
You witnessed a fatal motor accident and developed a mental health condition.
A loved one passed away due to a car accident.
Even if your circumstances aren’t listed above, you may still have a valid claim. To find out if you’re eligible, get in touch for a free consultation today.
How to find a car accident lawyer in Perth
Our Perth office is conveniently located in the heart of the CBD, so it’s never been simpler to get free, expert advice on your car accident claim.
We also offer phone and video appointments if you’d prefer to stay home. And if you’re unable to travel but still want a face-to-face chat, a specialist Perth car accident lawyer can also come to you.
Retrieving locations...
How much car accident compensation can I get?
If you’ve been hurt in a motor vehicle accident in Perth, you may be entitled to compensation under Western Australia’s Compulsory Third Party (CTP) insurance scheme. Managed by the Insurance Commission of Western Australia, the scheme can cover medical expenses, lost income, and personal care — but only if another party was at fault for the accident.
However, there is one key exception: people who suffer severe injuries in a crash may still receive support through the Catastrophic Injuries Support Scheme (CISS), even if they were at fault.
Below, we break down the types of compensation available through a CTP claim in Perth. We’ll also explain how CISS claims work if you were responsible for the accident.
What can a CTP claim cover in Perth?
If your car accident claim is successful, you could be entitled to compensation for a range of things, including:
Lost income: this covers both the wages you’ve already missed and any future earnings you’re likely to lose, including your super.
Medical expenses: from hospital stays and doctor visits to specialists, physio, and long-term rehab if needed.
Help at home: whether it’s a professional carer or support from friends and family. You might also be compensated if you can no longer care for someone who depends on you, like a child.
Modifications to your home or car: if your injuries mean you need changes to your living space or vehicle.
Non-economic loss (pain and suffering): this is financial recognition for the emotional and psychological toll of your injuries.
You only get one shot at claiming compensation, so your claim must reflect the full physical, emotional, and financial impact the car accident has had on your life.
That’s where an experienced Perth car accident lawyer can make a real difference. We understand every type of compensation available in WA and will make sure you’re claiming everything you’re entitled to — not just the basics.
How to claim for pain and suffering
To claim compensation for pain and suffering after a car accident in Perth, there are two key requirements:
Whole Person Impairment (WPI): a qualified medical professional will need to assess your level of permanent impairment. To be eligible, your WPI must be 15% or more. If it’s under 15%, you’ll usually only be able to claim for economic losses like income or medical expenses.
Minimum claim value: your overall claim needs to be worth at least $25,500 to include compensation for pain and suffering. The only exception is if you’re claiming for ‘gratuitous services’, like unpaid help with housework, childcare, or cooking, where the minimum claim value is $8,000.
How is pain and suffering compensation calculated?
If you meet the above criteria, your compensation is calculated based on how much your claim is worth overall:
$25,500 – $73,500: you’ll receive the claim value minus $25,500.
$73,500 – $99,000: you’ll receive the claim value minus some of the first $25,500.
Over $99,000: you’re generally entitled to the full value of your claim.
These figures are current as of July 2024 and increase each year in line with inflation.
Keep in mind, pain and suffering is just one part of the compensation you can claim. All the types of compensation you qualify for — like lost income, medical bills, and care and support — are added together to form your total payout. Often, you might actually receive more for future lost earnings or medical treatment, especially if you were a high earner or your injuries are serious.
The exact amount you get depends on your individual circumstances, including your WPI rating, how your daily life is affected by the injury, and any out-of-pocket costs you’ve paid.
Not sure what you can claim or want an estimate of your compensation? Our Perth car accident lawyers can review your case and clearly explain what you’re entitled to.
The Catastrophic Injuries Support Scheme (CISS) is a no-fault scheme created to help people who suffer severe, life-changing injuries in car accidents — even if they were the driver at fault.
Catastrophic injuries covered by the CISS
As of 1 July 2016, people who sustain ‘catastrophic injuries’ in a motor vehicle accident are automatically entitled to all reasonable and necessary treatment, care, and support. Under the CISS, ‘catastrophic injuries’ include:
Spinal cord injuries.
Brain injuries.
Amputations.
Severe burns.
Permanent blindness.
What support does CISS provide?
Unlike a traditional CTP claim, the CISS doesn’t offer a lump sum for pain and suffering. Instead, it provides ongoing support services tailored to your needs, helping you maintain as much independence as possible. This can include:
Medical and dental care.
Rehabilitation and therapy.
Ambulance transport.
Respite services (temporary relief for caregivers).
Personal and domestic care.
Mobility aids, prosthetics, and equipment.
Home and vehicle modifications.
Education and vocational support.
Getting approved for the CISS can be challenging, particularly when proving that your injuries meet the legal definition of ‘catastrophic’. Our car accident injury lawyers in Perth have years of experience with the scheme and can ensure your claim meets every requirement.
If you did something that contributed to the accident or made your injuries worse, it could reduce the amount of compensation you receive. This is known as ‘contributory negligence’. It won’t stop you from claiming, but it might affect the final payout depending on how much responsibility you’re found to share.
Common examples of contributory negligence include:
Not wearing a seatbelt or letting your passengers go without one.
Riding a bike or a motorbike without a helmet.
Sitting or travelling in an unsafe position, like in the back of a van.
Being in a vehicle where the driver was under the influence of drugs or alcohol.
Using your phone behind the wheel, whether texting, calling, or scrolling.
Just because one of these situations applies doesn’t mean you’ll automatically be found at fault. But insurers often use contributory negligence to try to reduce your compensation.
If you think contributory negligence could come up in your claim, it’s a good idea to speak with an experienced Perth car accident lawyer. We know how to push back with strong evidence and legal arguments, so you receive the maximum compensation possible.
How to make a car accident claim in Perth
Every Perth car accident claim looks a little different, but your case will likely go through these steps:
When you get in touch for your free consultation, you’ll speak directly with one of our motor vehicle injury lawyers in Perth. This is your opportunity to tell us what happened, talk about your injuries, and explain how the crash has affected your everyday life.
We’ll then walk you through your legal options and let you know what types of compensation you may be able to claim.
If you decide to proceed, the same lawyer you spoke with will handle your case from start to finish — offering clear, personalised guidance every step of the way.
Since car accident claims in Perth rely on proving fault, you’ll need solid evidence showing both your injuries and who caused the accident. But don’t worry, you don’t need to do this alone.
Your car accident injury lawyer will take care of this for you, using our network of trusted medical specialists and liability experts throughout Western Australia. We’ll cover all the upfront costs of these experts too, so there’s nothing for you to pay out of pocket.
After all the necessary evidence has been collected, your Perth car accident lawyer will submit your CTP claim to the at-fault driver’s insurer.
You’ll be required to take part in a mandatory pre-court mediation with the insurer. Your lawyer will handle the entire process for you, keeping things low-stress while pushing for the best possible result.
That said, if the insurer refuses to make a fair offer, we won’t hesitate to take your case to court and fight for the full compensation you deserve.
Can I make a No Win No Fee car accident claim?
Yes, it’s now easier than ever to make a No Win No Fee car accident claim in Perth. When you work with Monaco, you’re backed by our genuine No Win No Fee guarantee — so here’s what you can expect:
No upfront costs: we cover every upfront cost, from medical reports to court fees, admin costs, and expert assessments backing up your claim.
A true No Win No Fee model: unlike some firms that only waive their legal fees, we cover all costs. That means if your claim doesn’t succeed, you won’t pay a thing.
Lower legal fees: if your claim is successful, our fees are capped at just 30% of your compensation — far less than the 50% cap many other firms use. And in most cases, we recover legal costs from the insurer, so you keep more of your payout.
Clear pricing: before we begin, you’ll receive a transparent quote outlining all potential costs.
Curious about how much your claim might cost? Get in touch with our motor vehicle accident lawyers in Perth for a free consultation today.
Meet the team
Our team use their extensive experience to increase your chances of success. We’ve won many awards for our work, including ‘Compensation Law Firm of the Year 2020 GBM Global Awards.’
Leon Monaco
Managing Partner
English, Russian
Workers Compensation, TPD, Motor Vehicle Accidents, Public Liability
Here’s what to do right after a car accident in Perth:
See a doctor: even if you feel fine, it’s important to get checked out. Some injuries can take days to show up, and early medical records will help support your claim.
Speak to witnesses: if anyone saw the crash happen, get their name and contact details. Their account could be key to proving who was at fault.
Take plenty of photos: use your phone to capture everything: damage to the vehicles, visible injuries, skid marks, traffic signs, and anything else that helps tell the story.
Report the accident: in Perth, you need to lodge a police report within 28 days. However, we strongly suggest doing this as soon as possible after the accident.
Get expert legal advice: talk to a Perth car accident lawyer as soon as possible. They’ll explain your rights, outline any compensation you could claim, and help you avoid mistakes that could hurt your case later on.
With more than 25 years of experience supporting road accident victims, we’ve helped people recover compensation for everything from mild sprains to serious, life-altering injuries.
You may be able to claim for a wide range of injuries, including:
These are just some of the common injuries we see in Perth car accident claims. Even if your injury doesn’t seem serious, it’s still worth speaking to a lawyer. Our experienced car accident lawyers will take the time to understand your situation, assess your eligibility, and explain your options — all in a free consultation.
Figuring out who caused the accident is one of the most important parts of making a successful car accident claim. In Perth (and throughout WA), compensation is usually paid by the insurer of the person who was at fault, so it’s essential to get liability right.
In some cases, more than one person may be partly responsible. Depending on how the crash happened, the fault could rest with:
Another driver (including rideshare or taxi drivers).
An employer or vehicle owner, like a transport or logistics company.
A local council or road authority, if poor road conditions were a factor.
A pedestrian or passenger who contributed to the incident.
Scroll down to see common accident scenarios and who’s typically found at fault.
Accident scenario
Who's typically at fault?
You were rear-ended at a red light
Driver who hit you from behind
Someone ran a red light and hit your vehicle
Driver who ran the red light
Another driver failed to give way at an intersection
Driver who failed to give way
You merged without checking blind spot
You may be at fault (or shared fault)
You were hit while legally parked
Other driver
You and another car reversed into each other
Shared fault (often 50/50)
A car pulled out of a driveway and hit you
Driver exiting the driveway
You were speeding and hit another car
You may share fault
You were hit as a pedestrian crossing legally
The driver who failed to yield
Cyclist hit by a turning vehicle at a roundabout
The turning vehicle (failing to give way)
If you’ve been injured in a car accident in Perth (or anywhere in WA), it’s important to know there are strict deadlines for making a compensation claim. In most cases, you’ll need to report the accident to the police within 28 days. You’ll then have three years from the accident date to start your claim.
Think you’ve missed the cutoff? Don’t panic — some legal exceptions might apply. Our Perth car accident lawyers can take a closer look at your circumstances and let you know if you’re still eligible to lodge a claim.
Not sure how much time you have left? Or worried your deadline has passed? Get in touch today. We’ve helped many people who thought they were out of time successfully pursue the compensation they deserve.
Most car accident claims in Perth usually take around 12 to 18 months to settle, but the exact timing can depend on your specific case. Key factors include how serious your injuries are, the type of treatment you need, and whether your condition has ‘stabilised.’
By ‘stabilised,’ we mean your injury is unlikely to get better or worse with more medical care. It’s really important to wait until your condition reaches this point before accepting any settlement offers — that way, you won’t miss out on the full compensation you deserve.
If you want a personalised estimate of how long your claim might take, reach out to one of our Perth car accident lawyers. We’ll assess your situation and provide a free timeline for your claim.
Yes, you can still claim compensation in Perth even if the at-fault driver was unregistered or uninsured. In these situations, your claim goes through the government-run ‘Nominal Defendant’ scheme.
This scheme exists to support people injured by drivers who don’t have valid registration or Compulsory Third Party (CTP) insurance, making sure you get the compensation and assistance you deserve — even when there’s no insurer to claim against.
Nominal Defendant claims come with strict rules and deadlines, so missing paperwork or late submissions can result in your claim being rejected.
That’s why it’s crucial to get in touch with an experienced Perth car accident lawyer as soon as possible. We understand the specific requirements for these claims and will guide you through the process to secure the best outcome.
If the vehicle that caused the accident is registered outside of WA, you cannot claim through the Insurance Commission of Western Australia. However, you may still be entitled to compensation by lodging a claim with the CTP insurer in the state or territory where the at-fault vehicle is registered.
Each Australian state and territory has its own CTP scheme, so the process and entitlements may vary. For example:
In NSW, you would claim through the insurer listed on the vehicle’s green slip.
In Queensland, you would lodge your claim with the licensed CTP insurer of the at-fault vehicle.
In Victoria, claims are managed through the Transport Accident Commission (TAC).
Because each scheme has different rules, time limits, and injury thresholds, it’s important to get legal advice as soon as possible after the accident. Our experienced Perth car accident lawyers can identify the correct insurer, handle the claim process, and make sure you receive the full compensation you’re entitled to — no matter where the at-fault vehicle was registered.
Monaco helped me get much more compensation than I expected.
Monaco Lawyers helped me to receive compensation for an ongoing injury I sustained after I was simply driving home from work and was driven into head on by an incompetent and negligent driver who I believe was texting at the time of the accident.
Monaco Lawyers were keen to help me, understanding and easy to work with. I received more than I thought I would get with the help of one of the Monaco Lawyers who knew exactly what she was doing, and fought on my behalf for a very good outcome.
I continue to have problems with my foot, but I feel I have received justice for something that was completely not my fault.
I am forever thankful! God bless you for being there for me whenever I called.
Monaco Compensation Lawyers are second to no-one. Anthony and his team were there for me every step of the way. When I got disheartened or down, I would make one phone call to the team at Monaco Solicitors, and they were there for me instantly—reassuring me and consoling me.
I was completely surprised and also delighted by the outcome. Thank you so much, Monaco Compensation Lawyers. You changed my life forever; for the better. We were extremely successful and I am forever thankful. God bless this amazing team.
Good result! We had a complicated claim but they got the job done.
My brothers and I had a complicated claim. I found Ben Ralph to be very helpful, himself and Sally Sutton worked hard for just over a year to get through our claim. They achieved a good result and got the monies paid to myself and my brothers.
Their communication was fantastic, and they would always let us know when they had an update or when they expected an update. If I had a question Ben was always happy to answer to the best of his knowledge and do extra research if he was un-sure. We went with Ben because he specialized in super and feel that he did an awesome job with our claim, I would definitely recommend Ben and his team. He was very professional but also had some empathy and understanding which was nice 🙂
Thank you for accomplishing so much in such a short time.
Great communication, empathy and understanding. My case worker Daniella was a saint, understanding and patient and always passing on any updates in record time.
I was at rest in a very stressful situation, a bad situation. It was made to cope with because of the professionalism displayed at every turn by this super supportive team.
A Massive thank you to Daniella from me personally for all that you were able to accomplish in such a short time. To say I owe you is an understatement.
I knew it from the very first phone call: I had found a compassionate law firm.
Monaco Solicitors, I have no hesitation in recommending Daniella Dababneh and her team. After I suffered a serious workplace accident, I was in need of legal help.
From the very first phone call, I was treated with respect and I was always kept in the loop of the status of my claims, Early Release of Super & TPD. Both claims have been successful.
They helped me juggle my injury claim and my mum's full-time care.
I highly recommend Monaco Solicitors. I was claiming PI through my superannuation for workplace injuries. They were doing a no win no fee which was great as I am a carer for my mum and don’t earn much.
Everyone I dealt with were so kind and helpful. They helped me where I was finding things difficult due to caring for my mum. They kept me up to date on what was happening.
Monaco Solicitors are very professional and I would recommend them if you are looking for a good solicitor.
Monaco is the place to go for a lawyer that cares. You're in safe hands.
They helped me when I needed it the most. Monaco are very informative and genuinely care about the outcome of your matter. Navigating the CTP, ICP and TPD system can be very overwhelming. They reduce this where every they can.
Monaco explain things in a way you would understand, instead of lingo insurance and other companies like to use. Monaco Solicitors are amazing! So to any of you who are needing legal support/representation, know you will be in safe hands if you choose Monaco Solicitors!
I'm glad my friend recommended Monaco. I was happy with the result.
Green Slip Claim: I switched from another Law firm to Monaco on advice from a friend. I am so glad I did, within weeks I was sent off for further scans which led to proof of the pain I was in. All throughout the claim process I was kept up to date. Once settled I was more than happy with the end result. I would definitely recommend Monaco Compensation Lawyers, thanks.
The bill? Surprisingly reasonable, less than expected.
Sally was very helpful and always kept me up-to-date so if you ever use Monaco Solicitors just make sure you get Sally she’s very good. And the bill was very reasonable I thought it would be higher.
Monaco's help reduced a 12-month process to just a few months.
My father originally found Monaco online for super claims,. They had discussed with him in great detail the processes and had been kind and very helpful a few years ago. When needing help with my mothers super claim I knew I could trust Monaco again.
Not only have we had weekly updates and a great team of support, it has been an easy process. When busy or unable to process documentation ourselves they have proceeded on our behalf and what could have been a 12 month process has only taken a few months with their constant drive and assistance along the way. Thank you to the team! You have saved me a lot of lost time and it is worth every penny spent when the amount of stress is taken away.
If you’ve been injured in a car accident, many lawyers can help you claim basic CTP insurance benefits. But at Monaco, we take it a step further. Our Perth car accident lawyers combine strategic legal expertise with trusted medical evidence to help you get the maximum compensation possible.
When you choose to work with us, you’ll receive:
A comprehensive assessment of your claim with straightforward, practical advice.
Support from independent medical experts to build a stronger case.
Vigorous representation that challenges insurer arguments and protects your best interests.
Careful case preparation to meet all legal deadlines and requirements.
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Use our online claim checker to instantly find out if you have a claim. Alternatively, just give us a ring — our expert lawyers are always ready to answer your questions.
