If You're Injured in a Motor Vehicle Accident: Difference between revisions

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{{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 and answers to common questions in the event you’re injured.


{{Dial-A-Law TOC|expanded = autos}}
==Common questions==
This script describes making a personal injury claim, going to court, and dealing with the Insurance Corporation of British Columbia, called ICBC.


==Accident victims may be entitled to compensation==
===Can I access ICBC benefits if I’m the one who caused the accident?===
If you’re hurt in a motor vehicle accident, you may be able to receive two types of compensation:
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.


#'''No-Fault Accident Benefits:'''  Everyone in BC who owns a vehicle must buy basic insurance from the Insurance Corporation of British Columbia, or ICBC. This insurance pays money, called “accident benefits,” to people injured in a vehicle accident. Even if you caused the accident, ICBC will pay you these no-fault accident benefits, as long as you’ve met the conditions of this insurance. Generally, these benefits include temporary total disability benefits (i.e., disability benefits for lost income to a maximum of $300 per week while you are disabled due to your injuries) and medical and rehabilitation benefits.
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].
#'''Damages:'''  If the accident wasn’t your fault (or only partly your fault), you also have the right to “damages” for your pain and suffering, lost past and future wages, future care, out-of-pocket expenses and other losses. This is called a “tort” claim. These damages aim to put an injured person, who didn’t cause the accident, in the same position they would have been in had the accident not happened (as far as money can do this).


==How do you make a claim?==
===Can I sue the other driver if they were 100% responsible for the accident?===
You make a claim for accident benefits and/or damages through ICBC. Report the accident by calling ICBC’s Dial-A-Claim at 604.520.8222 within the lower mainland or 1.800.910.4222 elsewhere in BC. An ICBC adjuster will then meet with you. The adjuster will investigate the accident and decide who caused it. The adjuster will also review your medical information and expenses, so keep all your receipts.
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.  


==See your doctor==
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].
If you’re injured, see your doctor as soon as possible, as your doctor is in the best position to prescribe treatment, such as medication and physiotherapy. ICBC will then consider funding the cost of that treatment.


==Report the accident promptly==
===ICBC denied my claim for benefits. Can I appeal?===
You have to promptly notify ICBC of the accident and give a written report or statement to ICBC no later than 30 days after the accident. The report or statement sets out the accident circumstances and details of your injury or injuries. Some people prefer to see a lawyer before talking with ICBC. If you do that, your lawyer can report the claim to ICBC for you.  
Yes. If you don’t agree with ICBC’s decision to deny you benefits, you can dispute it. For more on your options and the steps involved, [https://www.icbc.com/claims/disputes-appeals/Pages/Denied-benefit-disputes.aspx see ICBC’s website].


==When must you submit your claim for no-fault accident benefits?==
===How long do ICBC’s medical benefits last?===
To claim accident benefits, you must submit a completed accident benefits claim form to ICBC within 90 days after the accident. If you’re entitled to accident benefits, you should start to receive payments soon after that.
ICBC’s accident benefits are pre-authorized to cover you for medical treatments '''for 12 weeks''' after your accident. You may be able to access benefits beyond 12 weeks if you need further treatment. Generally, you would need to show that further treatment is required for your full recovery, or to prevent a decline in your recovery.


==What about getting damages?==
===What if the other driver doesn’t report the accident to ICBC?===
If someone else was fully or partly to blame for the accident – meaning you’re entitled to tort damages – ICBC will typically offer you money to settle or resolve your claim. Normally you won’t want to settle a personal injury claim until your medical condition is stable and your doctor can say when your injury will probably be resolved and whether you will have any lasting effects. Then, if you agree with ICBC’s offer, you can settle your claim. You won’t be able to make any further claims later, even if you suffer new and other consequences as a result of your injuries which you hadn’t anticipated. You will also have to sign a “full and final release of all claims” before receiving the settlement money.
Under the law, any BC motorist involved in an accident has to report it to ICBC within a reasonable amount of time.


==What if you disagree with ICBC?==
If the other driver doesn’t report the accident, your claims representative will try to contact them. If two weeks go by and they still haven’t reported it, ICBC will send a letter asking the driver to report it within 10 days. If they still don’t report it, ICBC will make an assessment on your claim using the information available.  
If you don’t agree with ICBC’s offer or its decision about who is at fault, or if you don’t know if the offer is fair, you can see a lawyer for advice. If you or your lawyer can’t reach an agreement with ICBC, you may sue in court. ICBC’s decision as to who is at fault or what amount is fair for tort damages isn’t binding on a court, and the judge will decide the matter without any reference to what ICBC decided. ICBC has a “Fairness Process” that you can also use if you’re not satisfied.


==There are three situations where you may have to sue in court==
===As a pedestrian, I was hurt when a car hit me. Can I qualify for accident benefits?===
Yes. In BC, a pedestrian struck by a vehicle registered in the province is entitled to accident benefits from ICBC, whether they’re a BC resident or not. Visit [https://www.icbc.com/claims/injury/if-you-were-in-a-crash-as-a-cyclist-or-pedestrian ICBC’s website] for details.


#'''Refusal to pay accident benefits:'''  If ICBC refuses to pay any accident benefits, or it pays less than you think is fair, you can see a lawyer for legal advice. If you decide to sue, you have to start your lawsuit within 2 years after the accident (or within 2 years from the date of the last no-fault benefits payment, if you received some benefits).
===I was injured in a car accident at work. Should I apply for workers’ compensation?===
#'''Decision that you’re at fault:'''  ICBC may decide that you’re totally or partly at fault for the accident. To claim damages or compensation for your injuries in addition to no-fault accident benefits, you would have to sue the owner and driver of the other vehicle in the accident. This must be done within 2 years of the date of the accident.
If you were working at the time of the crash, you should report the incident to WorkSafeBC. This is the agency that oversees the province’s workers’ compensation scheme. Once you’ve reported the incident, WorkSafeBC will assess your claim and decide if you’re eligible for workers’ compensation. See our guidance on [https://dialalaw.peopleslawschool.ca/workers-compensation/ making a claim for workers’ compensation].
#'''Refusal to pay damages:'''  ICBC may not want to pay as much damages as you think you should get for your pain and suffering, wage loss, business loss or other losses. This may happen even though ICBC decides that you were not at fault. In this case, you’d have to start a lawsuit within 2 years of the accident.


==What deadlines are there for suing in court?==
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.
Any court action must be started within 2 years from the accident date, or you lose all right to recovery. In some cases, you also have to give notice of your claim sooner (for example, if a municipality is involved, you must give the municipality notice of your claim within 6 months of the accident).
 
==Where do you sue?==
#'''Small Claims Court:'''  Sue in Small Claims Court if you are suing for $25,000 or less. You don’t need a lawyer in Small Claims Court, but you can have one. Check scripts [[What is Small Claims Court? (Script 165)|165]] to [[Getting Your Judgment Paid (Script 169)|169]] on Small Claims Court.
#'''Supreme Court:'''  Sue in BC Supreme Court if you are seeking more than the $25,000 limit in Small Claims Court. You should have a lawyer if you choose Supreme Court because the procedures are more complicated.
 
==How much will it cost?==
If you’re suing for damages, you have to pay your own lawyer. Most lawyers practicing in this area accept cases on the basis of a “contingency fee agreement.” This means that you only pay your lawyer’s fees when and if you recover damages at the end of your legal action, based on a percentage of what you recover. Discuss this with your lawyer when you first see him or her. ICBC pays the lawyer for the people you are suing. If you win your lawsuit, the court may order the other side to pay some of your legal fees.
 
Lawsuits in Supreme Court don’t usually go to trial because both sides settle or resolve the matter before trial, but this isn’t always the case. Sometimes, cases go to mediation and an independent, unbiased person acts as a mediator to help you and the other side reach a settlement agreement.
 
==Can ICBC sue you?==
Yes, ICBC can sue you in some cases. For example, if you drive while drunk and cause an accident that injures a person, that person may sue you. ICBC can pay the injured person and then demand that you pay it back. The various situations in which ICBC can collect that money from you are quite complex. So if you’re involved in such a situation, you should get legal advice.
 
==Caution==
You should consult a lawyer before you proceed with a personal injury claim. It’s critical that you know all your rights and are prepared. Insurance companies, however fair, are in a conflict of interest about what to do with your claim.
 
==Summary==
If you’re injured in a motor vehicle accident, you can claim accident benefits from ICBC. If the accident wasn’t your fault, you can also claim damages for pain and suffering and other losses. The ICBC adjuster can settle your claim if you agree. Because that agreement will be binding, you may want to see a lawyer before you agree to a settlement to find out if the offer is fair. If you can’t agree on the value of your claim, or who is responsible for the accident, a lawsuit and a trial may be necessary. There are strict time limits for when a lawsuit must be started, and if you miss the time limit, you lose your right to sue. So you should see a lawyer as soon as possible after an accident for legal advice.
 
==Where can you find more information?==
*For more information on accident benefits and damages for accident victims, refer to script [[Insurance Benefits and Compensation for Accident Victims (Script 185)|185]] on “Insurance Benefits and Compensation for Accident Victims”.
*See the ICBC website at [http://www.icbc.com www.icbc.com].
 
 
[updated January 2013]
 
 
 
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==Explore further==
{{PLSTipsbox
| text = '''Step-by-step guidance'''<br>
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].
}}


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Latest revision as of 22:49, 7 March 2024

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Krista Prockiw, ICBC in February 2024.
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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

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.

These benefits are included in your basic Autoplan insurance coverage, which is mandatory for all vehicle owners in British Columbia. For more specifics, see 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?

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 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?

Yes. If you don’t agree with ICBC’s decision to deny you benefits, you can dispute it. For more on your options and the steps involved, see ICBC’s website.

How long do ICBC’s medical benefits last?

ICBC’s accident benefits are pre-authorized to cover you for medical treatments for 12 weeks after your accident. You may be able to access benefits beyond 12 weeks if you need further treatment. Generally, you would need to show that further treatment is required for your full recovery, or to prevent a decline in your recovery.

What if the other driver doesn’t report the accident to ICBC?

Under the law, any BC motorist involved in an accident has to report it to ICBC within a reasonable amount of time.

If the other driver doesn’t report the accident, your claims representative will try to contact them. If two weeks go by and they still haven’t reported it, ICBC will send a letter asking the driver to report it within 10 days. If they still don’t report it, ICBC will make an assessment on your claim using the information available.

As a pedestrian, I was hurt when a car hit me. Can I qualify for accident benefits?

Yes. In BC, a pedestrian struck by a vehicle registered in the province is entitled to accident benefits from ICBC, whether they’re a BC resident or not. Visit ICBC’s website for details.

I was injured in a car accident at work. Should I apply for workers’ compensation?

If you were working at the time of the crash, you should report the incident to WorkSafeBC. This is the agency that oversees the province’s workers’ compensation scheme. Once you’ve reported the incident, WorkSafeBC will assess your claim and decide if you’re eligible for workers’ compensation. See our guidance on making a claim for workers’ compensation.

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

Step-by-step guidance
For more detail, including the steps to take, see the People’s Law School coverage of if you’re injured in a motor vehicle accident.
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