Whiplash settlements
in Western Australia.
Western Australia operates a CTP scheme via Insurance Commission of WA with non-pecuniary loss capped under the Civil Liability Act 2002 (WA). For whiplash claims specifically, the Australia band on this page is adjusted for Western Australia's common-law contributory reduction and any applicable statutory cap.
Western Australia applies the common-law contributory-reduction framework for whiplash claims, with the apportionment determined on the facts rather than by statutory bright line. The discretion gives judges and juries flexibility in mixed-liability whiplash cases, and outcomes track closely to the perceived reasonableness of the claimant's conduct.
Western Australia's caps (non-pecuniary loss cap) apply to the non-economic component of whiplash damages and can compress upper-tier verdicts. The exact application depends on the cause of action and the head of damage; the caps section on this page sets out each ceiling and the conditions under which it bites.
Western Australia applies partial no-fault provisions. For whiplash claims tied to motor-vehicle accidents, limited first-party PIP-style benefits may be required by statute, but the underlying tort right against the at-fault driver is preserved.
The Australia band is the starting point. Western Australia's fault rule and any applicable cap then adjust the figure.