What Is the WA CTP Compensation Scheme?
Western Australia’s CTP (Compulsory Third Party) insurance is the personal injury liability insurance that all vehicles driven on WA roads must hold, taken out at the time of vehicle registration. The CTP premium is included in the vehicle registration fee, and drivers do not need to choose an insurer separately.
There are three key features that distinguish WA’s CTP scheme from other states:
First, a single insurer. Unlike NSW (6 private insurers) or QLD (3 private insurers), in WA ICWA is the sole CTP insurer. ICWA is a statutory corporation owned by the WA Government, and it handles all motor accident personal injury claims.
Second, it is fault-based. In NSW and Victoria, even if a car accident was your own fault, you can make a limited claim for treatment or benefits if you are injured — but in WA, that is not possible. To receive compensation, you must prove the other driver’s negligence. The only exception is the CIS Scheme available for the catastrophic injuries mentioned above.
What Are the Key Deadlines for a WA CTP Claim?
Deadlines are critical in WA motor accident compensation claims. The key time limits are:
📍 Immediately after the accident: Report the accident to police at the scene (mandatory if anyone is injured or property damage occurs). The vehicle owner or driver has an obligation to submit an online Crash Report to ICWA as soon as possible.
📍 Limitation period — 3 years: Court proceedings must be commenced within 3 years of the date you became aware of your injury (generally the date of the accident). This deadline is strictly enforced and can only be extended in exceptional circumstances.
It’s important to begin the claim process as soon as possible. Over time, evidence is lost, witnesses’ memories fade, and your negotiating position with ICWA weakens.
What Can You Receive Through a WA CTP Claim?
Where the other party’s fault is proven, you can claim the following through ICWA:
Medical Treatment and Rehabilitation
This covers reasonable and necessary treatment costs related to your accident injuries, including GP (general practitioner) visits, specialist consultations, physiotherapy, psychological counselling, surgery, medication, assistive devices, dental treatment, and rehabilitation programs. ICWA may, at its discretion, make interim payments for treatment even before fault is proven — but this is not a legal obligation and does not constitute an admission of liability.
Loss of Earnings
You may claim past loss of earnings for the period you were unable to work due to your accident injuries, and future loss of earnings / earning capacity where your injuries have reduced your ability to earn going forward. The calculation of lost earnings takes into account pre-accident salary, overtime, bonuses, and prospects for promotion.
Care and Support Services
Where you need help with daily living due to your injuries, this covers domestic assistance, attendant care, and mobility support costs. Even where a family member provides care for free, you may be able to claim corresponding compensation (gratuitous care).
Pain and Suffering (General Damages)
In WA, compensation for pain and suffering is only payable if a threshold is met. Under the Motor Vehicle (Third Party Insurance) Act 1943, the severity of your injury must reach at least 5.5% of a Most Extreme Case (MEC).
ICWA publishes an annual Threshold Schedule indicating whether particular injury types meet the threshold. For example, a simple whiplash injury that fully resolves within a few months may not meet the threshold, whereas an injury that develops into chronic pain or requires surgery may meet it. If the threshold is not met, you can still claim treatment costs and loss of earnings, but not pain and suffering.
There is also a statutory cap on pain and suffering compensation, set at the amount corresponding to 100% of a MEC (the most extreme case). For 2025–2026, this MEC cap is approximately AUD 501,000.
Other Costs
Travel expenses (for travel to treatment), home modification costs (improving accessibility due to disability), and the cost of medical aids and equipment may additionally be included.
In WA, Do You Get Nothing If You Were Partly at Fault?
In principle, you must prove the other party’s fault to receive compensation — but there is one important exception.
Catastrophic Injuries Support Scheme (CIS)
If you suffer a catastrophic injury in a motor accident on a WA road on or after 1 July 2016, you can receive lifelong treatment, care, and rehabilitation services through ICWA’s CIS Scheme, regardless of fault. This scheme is similar to QLD’s NIISQ and NSW’s Lifetime Care and Support (icare), and acts as a safety net protecting those catastrophically injured on WA roads. Catastrophic injuries eligible for CIS include spinal cord injury, traumatic brain injury, multiple amputations, severe burns, and permanent traumatic blindness. Importantly, the CIS provides treatment and care services only — it does not provide a lump sum or compensation for loss of earnings.
What Happens If You Were Injured in a Hit-and-Run?
Even where the at-fault vehicle fled the scene (hit-and-run) or was unregistered (uninsured), you can still claim from ICWA provided you can prove that the at-fault vehicle’s negligence caused the accident. In these cases, ICWA acts in place of the insurer. However, you must demonstrate that you made reasonable efforts to identify the at-fault vehicle (for example, reporting to police, requesting CCTV footage, or posting notices to find witnesses).
What Are the Steps in the WA CTP Claim Process?
Step 1 — Immediately After the Accident
Once you are safe at the scene, record the other vehicle’s registration number and the driver’s name, contact details, and licence information. Take photos and videos of the scene and vehicle damage, and obtain contact details for any witnesses. Report the accident to police if anyone is injured or property damage occurred.
Step 2 — See a Medical Provider
See a GP or attend an emergency department as soon as possible to have your injuries assessed. Clearly tell the doctor that your injuries are from a motor accident, and ask them to record all of your symptoms. This initial medical record becomes key evidence for your claim. Be sure to report even symptoms that seem minor (headaches, neck stiffness, sleep disturbance, anxiety, and so on).
Step 3 — Submit the ICWA Online Crash Report
The vehicle owner or driver should submit an Online Crash Report through the ICWA website (crashreport.com.au) as soon as possible. This report formally notifies ICWA that the accident occurred. The required information includes the date, time, and location of the accident, the registration numbers of the vehicles involved, driver details, the police report number, and a description of the circumstances.
Step 4 — Notice of Intention to Make a Claim
The injured person (or their lawyer) submits a Notice of Intention to Make a Claim to ICWA. This notice includes an overview of your injuries, treatment, and loss of earnings. ICWA begins its investigation of the accident after receiving the notice.
Step 5 — ICWA Investigation and Treatment Support
ICWA investigates the fault relationship for the accident and the nature and extent of your injuries. It collects the police report, medical records, witness statements, and so on, and may request an Independent Medical Examination (IME). Even while investigating, ICWA may, at its discretion, make interim payments of reasonable treatment costs.
Step 6 — Negotiation and Settlement
Once your injuries have stabilised and your final prognosis is established, you either conduct an informal negotiation with ICWA over the compensation amount, or — having commenced court proceedings — reach a settlement with ICWA through a Pre-Trial Conference.
Step 7 — Receiving Your Compensation
Once you sign the settlement documents after agreement, you will generally receive your compensation around 4 to 6 weeks after signing.
How Does Contributory Negligence Affect Compensation in WA?
In WA too, if your own conduct contributed to the accident or your injuries, your compensation is reduced proportionally.
📍 Not wearing a seatbelt: If wearing a seatbelt would have prevented or reduced your injuries, compensation is generally reduced. The reduction varies by case, but 10–25% is common.
📍 Affected by alcohol or drugs: If the injured person was affected by alcohol or drugs, contributory negligence may be strongly established.
📍 Voluntarily travelling with a drink-driver: Contributory negligence also applies where you got into a vehicle knowing the driver was affected by alcohol.
Importantly, a finding of contributory negligence does not, in itself, disqualify you from claiming. Only the proportion attributed to you is deducted from your total compensation. For example, if total compensation is AUD 100,000 and contributory negligence is assessed at 20%, your actual payout would be AUD 80,000.
Frequently Asked Questions (FAQ)
Q. In WA, if I was the at-fault driver, can I receive no compensation at all?
In principle, yes. WA is a fully fault-based scheme, so if you were 100% the at-fault driver, you cannot receive compensation from ICWA. However, if you suffered a catastrophic injury (spinal cord, brain injury, amputation, severe burns, or blindness) in an accident on or after 1 July 2016, you can receive lifelong treatment and care services through the CIS Scheme regardless of fault. In addition, where you were partly at fault but the other party was also at fault, you can receive compensation reduced by your proportion of contributory negligence.
Q. I was injured in a hit-and-run — can I be compensated?
Yes. Even where the at-fault vehicle is unidentified (hit-and-run) or unregistered (uninsured), you can claim from ICWA, which acts in place of the insurer. However, you must prove that the at-fault vehicle’s negligence caused the accident, and show that you made reasonable efforts to identify the vehicle (reporting to police, canvassing for witnesses, posting notices to find witnesses, and so on).
Q. What if ICWA denies my claim?
If ICWA denies fault or does not agree on the compensation amount, you can, through a lawyer, gather further evidence and reopen negotiations. If negotiations fail, you commence proceedings in the District Court or Supreme Court. As part of litigation, the court will require a Pre-Trial Conference, and most cases settle at this stage.
Q. What are the lawyer’s fees for a motor accident in WA?
Most WA motor accident law firms offer No Win No Fee arrangements. You only pay legal fees if your claim is successfully settled or you obtain a judgment, and these are usually deducted from your compensation. If the claim fails you do not pay legal fees, but you may, depending on the agreement, be liable for separate disbursements (such as medical assessment reports and court fees) — so confirm the exact fee structure with your lawyer before signing.
Q. Can passengers also receive compensation in WA?
Yes, passengers are also eligible. This applies not only where the accident was caused by another driver’s negligence, but also where you were injured due to the negligence of the driver of the vehicle you were in (for example, a single-vehicle accident) — in which case you can claim through that vehicle’s CTP insurance to ICWA.
Need to Take the Next Step?
Because WA has no no-fault statutory benefits, it is very important to obtain the assistance of a specialist lawyer right after a motor accident to develop a strategy for proving fault. Although there is a 3-year limitation period, you should seek advice as soon as possible to secure evidence and negotiate interim treatment payments.
You can book a free consultation with our firm through the contact link below. We operate on a “No Win, No Fee” basis, and there is no cost for your initial consultation.
[Online Enquiry Link]: https://form.jotform.com/230431736921856
Tel: 1800-825-275 | Email: [email protected]
[Park & Co Lawyers — Disclaimer]
This blog is intended to provide general legal information about WA motor accident CTP compensation and is not a substitute for specific legal advice on your individual circumstances. For accurate advice tailored to your situation, you should always consult a qualified lawyer. Laws and compensation amounts may change from time to time, so for the most current information please check ICWA (www.icwa.wa.gov.au).
