Insurance Benefits for Accident Victims: 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}}  
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Being involved in a motor vehicle accident can have a serious impact on your health, as well as your wallet. '''Insurance benefits''' can help ease the financial burden.


This script explains motor vehicle insurance from the Insurance Corporation of British Columbia (called ICBC), plus insurance benefits and other payments for people injured in a motor vehicle accident. For information on insurance payments for vehicle damage, check script [[Making a Vehicle Damage Claim (Script 186)|186]] on “Making a Vehicle Damage Claim”.
==Common questions==
===What are “no fault” insurance benefits?===
'''“No fault” insurance benefits''' refers to support that’s available to all parties involved in an accident in British Columbia, regardless of who was responsible (“at fault”). The Insurance Corporation of British Columbia (ICBC), which provides universal auto insurance to British Columbians, uses a no fault insurance model, called “enhanced care.” Enhanced care is included in basic Autoplan insurance coverage. Everyone who owns a motor vehicle in BC must have this basic coverage from ICBC.


=Types of insurance=
===What type of benefits are available through basic Autoplan coverage?===
==ICBC vehicle insurance is mandatory==
There are a range of accident benefits available through ICBC’s '''basic Autoplan coverage'''. Included are enhanced accident benefits, which can help you with the cost of medical care and rehabilitation if you’re injured in an accident. You may also be entitled to wage loss benefits, if you’re unable to work due to an injury from a crash.
Everyone who owns a motor vehicle in BC must have basic vehicle insurance, called Autoplan, from ICBC. You can buy more insurance than Autoplan’s basic insurance—from ICBC or a private insurance company. Autoplan agents can give you the options.


==Autoplan includes basic third-party legal liability insurance of $200,000==
Other benefits available to those hurt in an accident include:
If you injure someone or damage their vehicle in an accident, your third-party legal liability insurance will pay their claim up to the limit of your insurance. The minimum third-party legal liability insurance you must have is $200,000. This insurance will also pay for most of the legal and investigative costs.


==You can buy more than the basic $200,000 insurance==
* financial support if you’re an unpaid caregiver
Courts often award much more money (called compensation or damages) than $200,000 – sometimes $1 million or more – especially if the victim was seriously injured. You can buy much more insurance than $200,000—up to several million dollars and most people do. You can buy this extra insurance from ICBC or from a private insurance company. Buying more than the basic insurance is even more important if you drive to the United States because accident costs (especially medical) can be much higher there.
* personal care assistance if you can’t care for yourself
* a lump sum payment if you sustain a permanent impairment


If you have only the basic $200,000 insurance, and someone you injure sues you for more, you may have to pay the rest. That can be a financial disaster for you.
For a closer look, see [https://www.peopleslawschool.ca/insurance-benefits-for-accident-victims/ the People's Law School page on insurance benefits for accident victims].


==Autoplan includes under-insured motorist protection==
===My car was totalled in a crash and the other driver was found to be 100% at fault. Can I sue them?===
Basic Autoplan includes under-insured motorist insurance up to $1 million. For example, you are hurt in an accident that is the other driver’s fault, and the other driver has only the basic $200,000 insurance. But ICBC decides your claim is worth $800,000. What happens? ICBC will pay your full $800,000 claim through your under-insured motorist protection.
Generally, no. Under ICBC’s no fault insurance model, accident victims cannot sue the at fault driver for compensation. Instead, your own insurance will cover you. ICBC’s basic Autoplan insurance includes up to $200,000 of basic vehicle damage coverage. This covers repairs to your vehicle when the other driver is found to be at fault.  


You can increase the under-insured motorist protection with ICBC from $1 million to $2 million.
ICBC also offers optional '''new vehicle protection coverage'''. With this coverage, if your vehicle isn’t repairable you’ll have the choice of:


==Autoplan includes protection against hit-and-run accidents==
* replacing it with a new model
All BC residents—even if they do not own a vehicle—are insured up to $200,000 by Autoplan if a hit-and-run driver kills or injures them.
* replacing it with a different vehicle of equal value
* taking a cash payout


==You can lose your insurance if you break the law==
===I bought car insurance from a private company. What do I do if I’m involved in a crash?===
Be careful not to lose your insurance by driving while you’re prohibited or your license is suspended or committing a crime while driving. In these cases, your third-party legal liability insurance may not cover you, and you may have to pay for any damage or injury you cause in an accident.
If only your vehicle was damaged in the accident, report it to your private insurer. You’ll have to report it to ICBC as well if:


=Benefits (compensation) if you’re hurt in a motor vehicle accident=
* there was an injury
There are two main types of benefits:
* another vehicle was involved
* there was damage to someone else’s property


#no-fault accident benefits
An ICBC claims agent may need to negotiate with an agent from the private insurer, so it could take a bit longer than usual to settle the claim.
#damages (payment) for losses caused by someone’s negligence


==1. No-fault accident benefits==
===I want to use my car to drive for a ride-hailing service. Do I need a special type of insurance?===
===When can you get them?===
No. ICBC sells a blanket insurance certificate directly to the ride-hailing company, not individual drivers. This blanket insurance provides basic coverage to drivers, and is mandatory for ride-hailing companies. You and your passengers will be covered when:
ICBC pays no-fault accident benefits to all injured drivers and passengers of any vehicle licensed and insured in BC, as long as those people have met the insurance conditions. It doesn’t matter who caused the accident. You can apply for benefits if the accident occurred in BC, elsewhere in Canada or in the United States. You may also get benefits if the vehicle wasn’t insured in BC: for example, if you were hurt as a passenger in an out-of-province vehicle, but you had a BC driver’s license.


If you are a BC resident who is hurt in an accident in Canada as a pedestrian or cyclist, you can get accident benefits if you have basic ICBC insurance or a BC driver’s license, or if you live with someone who has basic ICBC insurance or a BC driver’s license.
* you have accepted a trip using the app
* you are en route to pick up a passenger
* you are transporting a passenger


You have to meet the conditions of the insurance to get accident benefits. For example, if you were injured while driving without a valid driver’s license, or crashing your car in a suicide attempt, or racing or in a speed test, ICBC will not pay you any accident benefits.
This basic insurance includes coverage for enhanced accident benefits and third party liability of up to $1,000,000. See [https://www.icbc.com/insurance/commercial/ride-hailing ICBC’s website] for details.


===What no-fault accident benefits can you receive?===
===When does my insurance expire? Do I have until the end of the day to renew?===
Accident benefits include the following amounts:
You have until midnight on the expiry date to renew your insurance.
 
*funeral expenses up to $2,500 and some death benefits.
*rehabilitation and reasonable medical expenses (including chiropractic expenses and nursing attendant care) up to $150,000.
*income replacement payments.
*homemaker benefits.
 
===How much are the income replacement and homemaker benefits?===
'''Income replacement benefits'''—you can receive weekly disability payments if you were employed (working) before the accident, but have been totally disabled and unable to work since. You get 75% of your gross weekly earnings (minus any weekly total wage loss payments from other sources) or $300 a week, whichever is less. ICBC considers you employed if you worked any 6 of the 12 months before the accident.
 
'''Homemaker benefits'''—if you stayed home and looked after your family and home, you can get up to $145 a week in homemaker benefits. But your injury must substantially or continuously stop you from regularly performing most household tasks.
 
Income replacement and homemaker benefits aren’t paid for the first week. They start on the eighth day after the accident. They continue for as long as your disability lasts or until you turn 65, whichever is first. But ICBC can review your eligibility for these benefits each year===You must apply for other benefits first'''
If you have other benefits like employment insurance, workers compensation or a private disability plan through your job, you must apply for these other benefits first. And ICBC will subtract these other benefits from the accident benefits it pays you.
 
'''Accident benefits are limited===
Accident benefits only provide limited coverage. They’re not designed to pay you for all the losses you may suffer from an accident, especially if you were seriously injured. So you may also be entitled to payment or damages for losses caused by the negligence of others, explained in the next section.
 
==2. Damages for losses caused by someone’s negligence==
If someone else was legally at fault for the accident—even partly—then you can be paid for at least some of your losses from the accident. For example, you could get payment for the clothes you were wearing that were ruined in the accident. You could also get fully paid for the loss of your future earnings if you can’t work because of the accident. Also, you may be paid compensation for the pain and suffering the accident caused you.
 
'''You cannot collect twice for the same accident'''
Because you cannot collect twice for the same loss, ICBC will subtract the accident benefits you receive from any damages (or compensation) that you receive for someone’s negligence. On the other hand, employment insurance and private disability benefits are not normally subtracted from damages, except in hit-and-run cases and some other situations.
 
==Summary==
Basic Autoplan insurance will pay for motor vehicle claims against you up to $200,000. But it’s a good idea to buy more insurance—for both third-party legal liability and under-insured motorist protection. If you’re hurt in an accident, you may be entitled to certain ICBC accident benefits. If your injuries were caused by another person’s negligence, you may also be paid for all your expenses directly related to the accident, plus damages for your other losses. But ICBC will subtract the accident benefits from the total damages you receive.
 
==More information==
*Check the ICBC website at [http://www.icbc.com www.icbc.com].
*Check script [[Making a Personal Injury Claim (Script 188)|188]], called “Making a Personal Injury Claim”.
 
[updated June 2014]
 
 
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==Explore further==
{{PLSTipsbox
| text = '''Deeper coverage of insurance benefits'''<br>
For more, see [https://www.peopleslawschool.ca/insurance-benefits-for-accident-victims/ the People's Law School coverage of insurance benefits for accident victims].
}}


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Latest revision as of 22:55, 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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Being involved in a motor vehicle accident can have a serious impact on your health, as well as your wallet. Insurance benefits can help ease the financial burden.

Common questions

What are “no fault” insurance benefits?

“No fault” insurance benefits refers to support that’s available to all parties involved in an accident in British Columbia, regardless of who was responsible (“at fault”). The Insurance Corporation of British Columbia (ICBC), which provides universal auto insurance to British Columbians, uses a no fault insurance model, called “enhanced care.” Enhanced care is included in basic Autoplan insurance coverage. Everyone who owns a motor vehicle in BC must have this basic coverage from ICBC.

What type of benefits are available through basic Autoplan coverage?

There are a range of accident benefits available through ICBC’s basic Autoplan coverage. Included are enhanced accident benefits, which can help you with the cost of medical care and rehabilitation if you’re injured in an accident. You may also be entitled to wage loss benefits, if you’re unable to work due to an injury from a crash.

Other benefits available to those hurt in an accident include:

  • financial support if you’re an unpaid caregiver
  • personal care assistance if you can’t care for yourself
  • a lump sum payment if you sustain a permanent impairment

For a closer look, see the People's Law School page on insurance benefits for accident victims.

My car was totalled in a crash and the other driver was found to be 100% at fault. Can I sue them?

Generally, no. Under ICBC’s no fault insurance model, accident victims cannot sue the at fault driver for compensation. Instead, your own insurance will cover you. ICBC’s basic Autoplan insurance includes up to $200,000 of basic vehicle damage coverage. This covers repairs to your vehicle when the other driver is found to be at fault.

ICBC also offers optional new vehicle protection coverage. With this coverage, if your vehicle isn’t repairable you’ll have the choice of:

  • replacing it with a new model
  • replacing it with a different vehicle of equal value
  • taking a cash payout

I bought car insurance from a private company. What do I do if I’m involved in a crash?

If only your vehicle was damaged in the accident, report it to your private insurer. You’ll have to report it to ICBC as well if:

  • there was an injury
  • another vehicle was involved
  • there was damage to someone else’s property

An ICBC claims agent may need to negotiate with an agent from the private insurer, so it could take a bit longer than usual to settle the claim.

I want to use my car to drive for a ride-hailing service. Do I need a special type of insurance?

No. ICBC sells a blanket insurance certificate directly to the ride-hailing company, not individual drivers. This blanket insurance provides basic coverage to drivers, and is mandatory for ride-hailing companies. You and your passengers will be covered when:

  • you have accepted a trip using the app
  • you are en route to pick up a passenger
  • you are transporting a passenger

This basic insurance includes coverage for enhanced accident benefits and third party liability of up to $1,000,000. See ICBC’s website for details.

When does my insurance expire? Do I have until the end of the day to renew?

You have until midnight on the expiry date to renew your insurance.

Explore further

Deeper coverage of insurance benefits
For more, see the People's Law School coverage of insurance benefits for accident victims.
v • d • e
 
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