If You're Injured in a Motor Vehicle Accident - Revision history

Drew Jackson: /* Can I sue the other driver if they were 100% responsible for the accident? */

2024-03-07T22:49:53Z

Can I sue the other driver if they were 100% responsible for the accident?

← Older revision		Revision as of 22:49, 7 March 2024
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	In most cases, no. BC law prevents someone who is injured in a motor vehicle accident from suing the other driver for compensation for their injuries (called “damages”). This applies regardless of who was responsible for the crash. Anyone who is injured in the accident can make a claim to ICBC for accident benefits.		In most cases, no. BC law prevents someone who is injured in a motor vehicle accident from suing the other driver for compensation for their injuries (called “damages”). This applies regardless of who was responsible for the crash. Anyone who is injured in the accident can make a claim to ICBC for accident benefits.

	However, there are some exceptions when it comes to suing. For example, you may be able to sue the other driver if they were convicted of a criminal offence. For details, see [https://www.peopleslawschool.ca/injured-in-motor-vehicle-accident/ the People's Law School in-depth guidance on if you're injured in a motor vehicle accident].		However, there are some exceptions when it comes to suing. For example, you may be able to sue the other driver if they were convicted of a criminal offence. For details, see [https://www.peopleslawschool.ca/injured-in-motor-vehicle-accident/ the People's Law School's in-depth guidance on if you're injured in a motor vehicle accident].

	===ICBC denied my claim for benefits. Can I appeal?===		===ICBC denied my claim for benefits. Can I appeal?===

Drew Jackson: /* Can I sue the other driver if they were 100% responsible for the accident? */

2024-03-07T22:49:27Z

Can I sue the other driver if they were 100% responsible for the accident?

← Older revision		Revision as of 22:49, 7 March 2024
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	In most cases, no. BC law prevents someone who is injured in a motor vehicle accident from suing the other driver for compensation for their injuries (called “damages”). This applies regardless of who was responsible for the crash. Anyone who is injured in the accident can make a claim to ICBC for accident benefits.		In most cases, no. BC law prevents someone who is injured in a motor vehicle accident from suing the other driver for compensation for their injuries (called “damages”). This applies regardless of who was responsible for the crash. Anyone who is injured in the accident can make a claim to ICBC for accident benefits.

	However, there are some exceptions when it comes to suing. For example, you may be able to sue the other driver if they were convicted of a criminal offence. For details, see ~~our in-depth guidance on~~ [https://www.peopleslawschool.ca/injured-in-motor-vehicle-accident/ if you're injured in a motor vehicle accident].		However, there are some exceptions when it comes to suing. For example, you may be able to sue the other driver if they were convicted of a criminal offence. For details, see [https://www.peopleslawschool.ca/injured-in-motor-vehicle-accident/ the People's Law School in-depth guidance on if you're injured in a motor vehicle accident].

	===ICBC denied my claim for benefits. Can I appeal?===		===ICBC denied my claim for benefits. Can I appeal?===

Drew Jackson at 22:47, 7 March 2024

2024-03-07T22:47:29Z

← Older revision		Revision as of 22:47, 7 March 2024
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	{{REVIEWEDPLS \| reviewer = [https://www.icbc.com/ Krista Prockiw], ICBC \|date= February 2024}} {{Dial-A-Law TOC\|expanded = cars}}		{{REVIEWEDPLS \| reviewer = [https://www.icbc.com/ Krista Prockiw], ICBC \|date= February 2024}} {{Dial-A-Law TOC\|expanded = cars}}
	Getting hurt in a motor vehicle accident is an awful experience. Learn your legal rights in the event you’re injured~~, and the steps involved in making a claim for benefits~~.		Getting hurt in a motor vehicle accident is an awful experience. Learn your legal rights and answers to common questions in the event you’re injured.

	==Common questions==		==Common questions==
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	Yes. ICBC’s '''enhanced accident benefits''' are available to you even if you’re found to be responsible (“at fault”) for an accident. For that reason, they’re often referred to as “no fault” benefits.		Yes. ICBC’s '''enhanced accident benefits''' are available to you even if you’re found to be responsible (“at fault”) for an accident. For that reason, they’re often referred to as “no fault” benefits.

	These benefits are included in your basic Autoplan insurance coverage, which is mandatory for all vehicle owners in BC. For more, see ~~our in-depth information on~~ [https://www.peopleslawschool.ca/insurance-benefits-for-accident-victims/ insurance benefits for accident victims].		These benefits are included in your basic Autoplan insurance coverage, which is mandatory for all vehicle owners in British Columbia. For more specifics, see [https://www.peopleslawschool.ca/insurance-benefits-for-accident-victims/ the People’s Law School coverage of insurance benefits for accident victims].

	===Can I sue the other driver if they were 100% responsible for the accident?===		===Can I sue the other driver if they were 100% responsible for the accident?===
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	==Explore further==		==Explore further==
	{{PLSTipsbox		{{PLSTipsbox
	\| text = '''~~Deeper coverage of accident benefit claims~~'''<br>		\| text = '''Step-by-step guidance'''<br>
	For more, see ~~our in-depth information on~~ [https://www.peopleslawschool.ca/injured-in-motor-vehicle-accident/ if ~~you're~~ injured in a motor vehicle accident].		For more detail, including the steps to take, see [https://www.peopleslawschool.ca/injured-in-motor-vehicle-accident/ the People’s Law School coverage of if you’re injured in a motor vehicle accident].
	}}		}}

	{{Dial-A-Law_Navbox\|type=consumer}}		{{Dial-A-Law_Navbox\|type=consumer}}
	{{Dial-A-Law Copyright}}		{{Dial-A-Law Copyright}}

Elena Renderos: Elena Renderos moved page Making a Personal Injury Claim to If You're Injured in a Motor Vehicle Accident: change title

2024-03-05T06:14:09Z

Elena Renderos moved page Making a Personal Injury Claim to If You're Injured in a Motor Vehicle Accident: change title

← Older revision	Revision as of 06:14, 5 March 2024
(No difference)

Elena Renderos: /* Explore further */

2024-03-03T07:02:57Z

Explore further

← Older revision		Revision as of 07:02, 3 March 2024
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	If you’re entitled to workers’ compensation, you usually won’t be able to claim accident benefits through ICBC. In some cases, you may be able to choose between the two.		If you’re entitled to workers’ compensation, you usually won’t be able to claim accident benefits through ICBC. In some cases, you may be able to choose between the two.

	===Explore further===		==Explore further==
	{{PLSTipsbox		{{PLSTipsbox
	\| text = '''Deeper coverage of accident benefit claims'''<br>		\| text = '''Deeper coverage of accident benefit claims'''<br>

Elena Renderos: /* Common questions */

2024-03-03T06:57:00Z

Common questions

← Older revision		Revision as of 06:57, 3 March 2024
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	Getting hurt in a motor vehicle accident is an awful experience. Learn your legal rights in the event you’re injured, and the steps involved in making a claim for benefits.		Getting hurt in a motor vehicle accident is an awful experience. Learn your legal rights in the event you’re injured, and the steps involved in making a claim for benefits.

	===Common questions===		==Common questions==

	===Can I access ICBC benefits if I’m the one who caused the accident?===		===Can I access ICBC benefits if I’m the one who caused the accident?===
	Yes. ICBC’s '''enhanced accident benefits''' are available to you even if you’re found to be responsible (“at fault”) for an accident. For that reason, they’re often referred to as “no fault” benefits.		Yes. ICBC’s '''enhanced accident benefits''' are available to you even if you’re found to be responsible (“at fault”) for an accident. For that reason, they’re often referred to as “no fault” benefits.

Elena Renderos at 06:56, 3 March 2024

2024-03-03T06:56:34Z

Show changes

Elena Renderos at 06:36, 30 September 2023

2023-09-30T06:36:07Z

← Older revision		Revision as of 06:36, 30 September 2023
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	{{REVIEWEDPLS \| reviewer = Murray Wolf, McLarty Wolf; Janet Mackinnon and Krista Prockiw of ICBC \|date= February 2019}} {{Dial-A-Law TOC\|expanded = cars}}		{{REVIEWEDPLS \| reviewer = [https://www.mclartywolf.com/who-we-are/murray-wolf/ Murray Wolf], McLarty Wolf; [https://www.icbc.com/ Janet Mackinnon], ICBC; and [https://www.icbc.com/ Krista Prockiw], ICBC \|date= February 2019}} {{Dial-A-Law TOC\|expanded = cars}}
	Getting injured in a motor vehicle accident is an awful experience. Learn your legal rights in the event you’re injured, and the steps involved in making a '''personal injury claim'''.		Getting injured in a motor vehicle accident is an awful experience. Learn your legal rights in the event you’re injured, and the steps involved in making a '''personal injury claim'''.

Elena Renderos at 04:54, 27 September 2023

2023-09-27T04:54:11Z

← Older revision		Revision as of 04:54, 27 September 2023
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	{{REVIEWEDPLS \| reviewer = Janet Mackinnon and Krista Prockiw of ICBC \|date= February 2019}} {{Dial-A-Law TOC\|expanded = cars}}		{{REVIEWEDPLS \| reviewer = Murray Wolf, McLarty Wolf; Janet Mackinnon and Krista Prockiw of ICBC \|date= February 2019}} {{Dial-A-Law TOC\|expanded = cars}}
	Getting injured in a motor vehicle accident is an awful experience. Learn your legal rights in the event you’re injured, and the steps involved in making a '''personal injury claim'''.		Getting injured in a motor vehicle accident is an awful experience. Learn your legal rights in the event you’re injured, and the steps involved in making a '''personal injury claim'''.

	{\| class="wikitable"		{\| class="wikitable"
	\|align="left"\|'''Alert!'''		\|align="left"\|'''Alert!'''
	On May 1, 2021 a law came into effect that changed how ICBC insurance works. A motor vehicle accident that occurs in BC after that date is covered by a new insurance model, called enhanced care. We're currently updating this content to reflect the changes. In the meantime, [https://www.icbc.com/insurance/products-coverage/Pages/basic-insurance.aspx visit ICBC's website for details].		On May 1, 2021 a law came into effect that changed how ICBC insurance works. A motor vehicle accident that occurs in BC after that date is covered by a new insurance model, called '''enhanced care'''. We're currently updating this content to reflect the changes. In the meantime, [https://www.icbc.com/insurance/products-coverage/Pages/basic-insurance.aspx visit ICBC's website for details].
	\|}		\|}

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	===No-fault accident benefits are paid no matter who caused the accident===		===No-fault accident benefits are paid no matter who caused the accident===
	If you’re injured in a motor vehicle accident, there are two sources of compensation:		If you’re injured in a motor vehicle accident, there are two sources of compensation:
	*no-fault accident benefits
	*damages for losses if another person was at fault		* no-fault accident benefits
			* damages for losses if another person was at fault

	Everyone in BC who owns a vehicle must buy basic insurance from the [https://www.icbc.com/Pages/default.aspx Insurance Corporation of British Columbia], called ICBC. This insurance pays '''no-fault accident benefits''' to almost everybody in BC who is injured in a motor vehicle accident — no matter who caused the accident.		Everyone in BC who owns a vehicle must buy basic insurance from the [https://www.icbc.com/Pages/default.aspx Insurance Corporation of British Columbia], called ICBC. This insurance pays '''no-fault accident benefits''' to almost everybody in BC who is injured in a motor vehicle accident — no matter who caused the accident.
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	You may also decide to sue ICBC if it refuses to pay you the accident benefits you are entitled to.		You may also decide to sue ICBC if it refuses to pay you the accident benefits you are entitled to.

	{\| class="wikitable"		{\| class="wikitable"
	\|align="left"\|'''Tip'''		\|align="left"\|'''Tip'''
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	{\| class="wikitable"		{\| class="wikitable"
	\|align="left"\|'''Tip'''		\|align="left"\|'''Tip'''
	~~For motor vehicle accidents taking place in BC after April 1, 2019,~~ [https://~~civilresolutionbc~~.ca/ ~~injury claims up to $50,000 must be brought to~~ the ~~Civil Resolution Tribunal~~].		The Civil Resolution Tribunal's jurisdiction over personal injury claims is [https://www.canlii.org/en/bc/bcsc/doc/2021/2021bcsc348/2021bcsc348.html currently being litigated in the courts]. We'll be updating this page as things unfold.
	\|}		\|}

Drew Jackson: Added alert to top of page

2023-09-26T21:43:47Z

Added alert to top of page

← Older revision		Revision as of 21:43, 26 September 2023
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	{{REVIEWEDPLS \| reviewer = Janet Mackinnon and Krista Prockiw of ICBC \|date= February 2019}} {{Dial-A-Law TOC\|expanded = cars}}		{{REVIEWEDPLS \| reviewer = Janet Mackinnon and Krista Prockiw of ICBC \|date= February 2019}} {{Dial-A-Law TOC\|expanded = cars}}
	Getting injured in a motor vehicle accident is an awful experience. Learn your legal rights in the event you’re injured, and the steps involved in making a '''personal injury claim'''.		Getting injured in a motor vehicle accident is an awful experience. Learn your legal rights in the event you’re injured, and the steps involved in making a '''personal injury claim'''.

			{\| class="wikitable"
			\|align="left"\|'''Alert!'''
			On May 1, 2021 a law came into effect that changed how ICBC insurance works. A motor vehicle accident that occurs in BC after that date is covered by a new insurance model, called enhanced care. We're currently updating this content to reflect the changes. In the meantime, [https://www.icbc.com/insurance/products-coverage/Pages/basic-insurance.aspx visit ICBC's website for details].
			\|}

	==What you should know==		==What you should know==