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}}
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 claim for “personal injury”.
 
==Understand your legal rights==
 
===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:
*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 [http://www.icbc.com 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.
 
====Eligibility for accident benefits====
Anyone who is in a vehicle licensed and insured in BC is eligible for accident benefits. So is a pedestrian or cyclist hit by a vehicle, if they or a member of their household has a BC driver’s licence or an Autoplan policy. The accident could occur in BC, elsewhere in Canada, or in the United States. 
 
You must meet the conditions of the insurance to get accident benefits. For example, if you were injured while driving without a valid driver’s licence, or while racing your car, ICBC will not pay you any accident benefits.
 
====Accident benefits are limited====
No-fault accident benefits help with medical care and wage loss. They include rehabilitation and medical expenses, as well as disability benefits for workers and homemakers. For more details, see our information on [[Insurance Benefits and Compensation for Accident Victims (Script 185)|insurance benefits and compensation for accident victims (no. 185)]].
 
Accident benefits only provide limited coverage. You may also be entitled to additional damages for losses caused by the negligence of others, explained in the next section.
 
===Damages for losses if another person was at fault===
If another person was legally at fault for (or caused) the accident, you can also be paid damages for your losses. There are several types of '''damages'''. These include:
*damages for your pain and suffering (called “non-pecuniary” damages)
*damages for your lost wages
*damages for the loss of your future earnings if you can’t work because of the accident
*damages for your future care
 
Your claim for damages is called a '''tort''' claim. A tort is a civil wrong committed by one person against another for which the law will give a remedy. The damages aim to put an injured person who didn’t cause the accident in the same position they would have been in if the accident had not happened (as far as money can do this).
 
===ICBC will typically offer an amount to resolve your claim===
ICBC will typically offer you money to settle or resolve your claim — if it decides you were not at fault for the accident.
 
It is best not to settle your 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.
 
Once you settle your tort claim, you can’t make any further tort claims related to that accident. That’s true even if you later suffer new effects from your injuries, which you hadn’t expected. You will also have to sign a release of claims before receiving the settlement money.
 
==Deal with the problem==
 
===Step 1. Make a claim to ICBC===
To make a claim to ICBC, report the accident by calling ICBC’s Dial-A-Claim at 604-520-8222 in the Lower Mainland and 1-800-910-4222 elsewhere in BC. You can also [http://www.icbc.com/claims/Pages/default.aspx report a claim online].
 
{| class="wikitable"
|align="left"|'''Tip'''
You must report the accident promptly to ICBC. 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.
|}
===Step 2. See your doctor===
If you’re injured, see a doctor as soon as possible. A doctor is in the best position to prescribe treatment, such as medication and physiotherapy. ICBC will then consider funding the treatment. (Be sure to keep all your medical receipts.)
 
===Step 3. Consider ICBC’s offer on your claim===
An ICBC adjuster will investigate the accident. They will make a decision about who caused it. The adjuster will also review your medical information and expenses.
 
ICBC will give you its decision about who is at fault. They may offer you money to settle or resolve your claim. 
 
Take time to consider ICBC’s decision and its offer. You can negotiate with ICBC, making a counteroffer. You could do this yourself or have a lawyer do it on your behalf.
 
{| class="wikitable"
|align="left"|'''Tip'''
If you want an opinion about whether ICBC’s decision about who caused the accident or their offer is fair, see a lawyer for advice.
|}
===Step 4. Appeal ICBC’s decision or offer===
If you are not happy with ICBC’s decision or their offer, you can use ICBC’s internal [http://www.icbc.com/claims/feedback/Pages/default.aspx appeal process]. You can appeal ICBC’s decisions on who is at fault, its settlement offer, its denial of your claim, or its treatment of you.
 
ICBC also has a [http://www.icbc.com/about-icbc/contact-us/Pages/Raising-your-complaints.aspx fairness process] you can try if you’re not satisfied with how they have treated you.
 
===Step 5. Bring a legal action===
If you can’t reach an agreement with ICBC, you may sue the owner and driver of the other vehicle in the accident. ICBC’s decision on who is at fault or what amount is fair for tort damages does not bind a court or tribunal. A judge or tribunal member can decide the matter without considering what ICBC decided.  
 
You may want to sue the owner and driver of the other vehicle if ICBC:
*offers less than you think is fair
*decides you caused the accident and refuses to pay any damages
*decides you’re partly at fault for the accident and reduces the damages by the proportion you’re at fault
 
You may also decide to sue ICBC if it refuses to pay you the accident benefits you are entitled to.
 
{| class="wikitable"
|align="left"|'''Tip'''
See a lawyer before you make a personal injury claim. It’s critical to know all your rights and be prepared. Insurance companies, however fair they may be in assessing your claim, are not looking out for your interests.
|}


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


===What are the deadlines to sue?===
===Can I access ICBC benefits if I’m the one who caused the accident?===
The [http://canlii.ca/t/8qx3 law in BC] creates a time window to bring a legal action. In the case of an injury claim, that window (or “'''limitation period'''”) is two years. Once two years have passed after a claim is “discovered”, it’s too late to start a lawsuit.
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.
 
The two-year period to sue for damages starts when you knew or reasonably ought to have known you suffered an injury.


If you were under the age of 19 at the time of the accident, the two-year period to sue for damages does not start to run until you turn 19.  
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].
In some cases, if you think a municipality is at least partly at fault for your losses from an accident, you must give them notice of your claim much sooner — sometimes within just two months of the accident date.


===Where do I sue?===
===Can I sue the other driver if they were 100% responsible for the accident?===
The amount you are seeking affects the choice of court you would sue in.
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.  


If you are seeking '''up to $5,000''', you can file a claim with the [https://civilresolutionbc.ca/ Civil Resolution Tribunal]. The tribunal is an online system designed for people to represent themselves.
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].


For amounts '''between $5,000 and $35,000''', you would sue in [http://www.provincialcourt.bc.ca/types-of-cases/small-claims-matters Small Claims Court]. Many people represent themselves in this court. It’s less expensive and less risky than going to Supreme Court. See our information on [[Suing Someone in Small Claims Court (Script 166)|Small Claims Court]] (no. [[Suing Someone in Small Claims Court (Script 166)|166]] to [[Going to Trial in Small Claims Court (Script 168)|168]]).
===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, [https://www.icbc.com/claims/disputes-appeals/Pages/Denied-benefit-disputes.aspx see ICBC’s website].


For amounts '''over $35,000''', you would sue in [https://www.supremecourtbc.ca/ BC Supreme Court].
===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.


{| class="wikitable"
===What if the other driver doesn’t report the accident to ICBC?===
|align="left"|'''Tip'''
Under the law, any BC motorist involved in an accident has to report it to ICBC within a reasonable amount of time.
For '''motor vehicle accidents taking place in BC after April 1, 2019''', injury claims up to $50,000 must be brought to the [https://civilresolutionbc.ca Civil Resolution Tribunal].
|}


===How much does it cost to sue?===
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’re suing for damages, you must pay your own lawyer. Most lawyers who handle personal injury claims accept cases on a '''contingency fee agreement'''. This means you pay your lawyer’s fees only if you win damages at the end of your lawsuit, based on a percentage of what you recover. But you must still pay expenses, even if you lose.  


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.
===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.
Lawsuits in BC Supreme Court often don't go to trial because the parties settle the case before trial, but not always. Sometimes, cases go to mediation and an independent person acts as a mediator to help you and the other party reach a settlement agreement.


===Can ICBC sue me?===
===I was injured in a car accident at work. Should I apply for workers’ compensation?===
Yes, ICBC can sue you in some cases. For example, if you drink and drive or text and drive and cause an accident that injures a person, that person may sue you. ICBC can pay the injured person and then demand 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.
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].


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==
{{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].
}}


[updated February 2019]
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'''The above was last reviewed for legal accuracy by [https://www.mclartywolf.com/who-we-are/murray-wolf/ Murray Wolf], McLarty Wolf, and Janet Mackinnon, ICBC.'''
 
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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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