Important time limits

Contributed by DavidBayly and MelissaLetizia and current to 27 July 2018

Lodging a Claim

It is important to contact ICWA as soon as practicable after a motor vehicle accident to obtain the necessary claim forms, as ICWA may be able to refuse the claim if there is a significant delay in notification.

Limitation Periods

Personal injury

In relation to personal injury claims, if legal proceedings are not commenced within 3 years of the accident then the claim will become statute barred (Limitation Act 2005 (WA), section 14).

Dependency Claims

There is a 3 year time limit to commence legal proceedings for a dependency claim under the FAA (Limitation Act 2005 (WA), section 14)

Minors & Persons Under a Disability

Different rules apply for minors and persons under a disability.

There is a 6 year limitation period for personal injury claims arising out of motor vehicle accidents involving an injured person under the age of 15 years (Limitation Act 2005 (WA), section 30).

For a person between the ages of 15 and 18 when an accident occurs, legal proceedings must be commenced prior to the injured person’s 21^st birthday (Limitation Act 2005 (WA), section 31).