We have previously written about the Insurance Commission of Western Australia developing a no-fault catastrophic motor vehicle accident system. At this stage, it is unclear how a person with a catastrophic injury motor vehicle accident claim will dispute a decision by the Insurance Commission of Western Australia to deny treatment.
At present, this situation is that an injured person must prove liability of person in charge of a motor vehicle if they are to be awarded any damages at all. If a person is dissatisfied with a decision or with an amount being offered to them by the Insurance Commission of Western Australia, then they can commence legal proceedings against the liable driver, usually in the District Court of Western Australia. A judge in the District Court can then assess the damages payable to the injured person by the liable driver, and these damages would ordinarily be paid by the Insurance Commission of Western Australia. Can then assess the damages payable to the injured person by the liable driver, and these damages would ordinarily be paid by the Insurance Commission of Western Australia.
Obviously, if there is no liable driver been then a District Court action will not be available to injured person. Foyle Legal Is aware of other governmental systems whereby by this problem has been dealt with.
National Disability Insurance Scheme
Under the federal government's national disability insurance scheme a person with a disability who is seeking a certain kind of treatment can appeal a decision of the NDIS to the Administrative Appeal Tribunal. If such a system where to apply to the Insurance Commission of Western Australia catastrophic injuries scheme, then it would introduce a precedent system, and some accountability into the decision making process.
Given that be catastrophic injury system developed by the Insurance Commission of Western Australia is a state-based system, it is unlikely to be possible to use the Administrative Appeals Tribunal as this is a federal tribunal. There is a similar state based system called the SAT.
Workers compensation system in Western Australia
In the workers’ compensation system, an injured person can apply to WorkCover Western Australia, the Worker's Compensation tribunal in Western Australia, seeking a review of the decision by a workers’ compensation insurer not to pay for reasonable medical treatment. Such a system would also be a good alternative.
It is important to realise that with catastrophic injury claims injured people will often have requirements that must be met very quickly. If these requirements are not met quickly it will have a significant impact on the injured person’s quality of life. It is therefore very important that any review system is easily accessible and quick.
Foyle Legal specialises in the area of personal injury law including motor vehicle accident injury claims and workers compensation and provides legal representation on a no win no fee basis. Foyle Legal also provides an obligation free case assessment for personal injury claims. If you have made a claim for compensation contact Foyle Legal on 0408727343, through email at [email protected]
or through our website http://foylelegal.com/.
6/2 Carson Road
Malaga, Perth, WA 6090