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the delays....
A standard Insurance Commission tactic is:
To increase the pressure on claimants with
large claims that are likely needed to be settled in
courts. ICWA will cause numerous and expensive delays and will
always demand that the costs caused will not be refunded until the end
of the court case which can be years away. In legal terms it is
called, "costs in the cause". The wasted costs preparing witness
briefings and appearing before court to fight the delay can amount
to large sums of money. In my case, this translated into an average of $30.000 per
trial postponement.
You won't see any money but your lawyers will
still send you their monthly bill.
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The Insurance Commission has unlimited financial resources
and it is a great way to put the claimant, you, under ever increasing
financial stress. It is important to note, again, that during this
time you might not have a regular income while recovering
from the motor vehicle accident. In more than 90% of the cases,
the Insurance Commission will not be paying you any salary continuance and possible not
come up for any of your treatment costs. Paying for any medical treatment can
be interpreted as accepting liability for the injuries and this
not in the interest of ICWA. Again, one needs to take into
consideraton that it is the assigned Case Manager with no
medical training who decides whether ICWA will pay for medical treatment.
This delay tactic is designed to progressively wear the claimant
down to achieve the acceptance of a settlement which will be well
below a fair and reasonable
entitlement.
At one stage, I requested that my lawyers Friedman Lurie Singh &
D'Angelo record all the delays up to a point (August 2008) and send
them to ICWA's lawyers Talbot & Oliver for comment. As expected,
neither the Insurance Commission of WA or Talbot & Oliver ever
bothered to reply.
List of delays I experienced up to August 2008
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| Updated 23 of March 2017
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Tall poppy syndrome:
If you think this can only happen to well off individuals. Think
again, anybody whether you are a single mum, child, pensioner or
unemployed person can wind up in the same situation. The innocent
victim of a motor vehicle accident only needs to require 24/7
medical care for the rest of his life for his compensation claim to
amount to millions of dollars. (more) |
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Purpose:
This
site is meant to both inform the public of the faults of the WA Third
Party Compensation System and the outragoeous actions or lack thereof
of the very instituitions that are meant to protect the public from
the excesses of goverment institutions. (more)
My personal target, is to overturn a miss carriage of justice, restore
my good name, regain my dignity, improve my health and that of my
family, obtain compensation that takes into account ALL the evidence,
as ICWA is supposed to do and hopefully make a contribution to change
how innocent victims are treated and compensated in Western Australia.
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