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}}  
{{REVIEWEDPLS | reviewer = [https://www.icbc.com/ Krista Prockiw], ICBC|date= February 2024}} {{Dial-A-Law TOC|expanded = cars}}  
Motor vehicle accidents can lead to a range of consequences for those involved. They may be faced with an expensive repair bill. They may be unable to work. They may not be able to care for their loved ones. '''Insurance benefits''' are available to support accident victims in dealing with these types of challenges.
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.


{| class="wikitable"
==Common questions==
|align="left"|'''Alert!'''
===What are “no fault” insurance benefits?===
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].
'''“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 you should know==
===What type of benefits are available through basic Autoplan coverage?===
===Basic vehicle insurance is mandatory in BC===
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 from ICBC, called '''basic Autoplan'''. You can choose to buy additional insurance coverage from ICBC or a private company.


====Basic vehicle damage coverage====
Other benefits available to those hurt in an accident include:
Your Autoplan insurance includes $200,000 of '''basic vehicle damage coverage'''. It covers the cost of repairs to your vehicle if you’re in an accident where the other driver is responsible. Instead of seeking reimbursement from the other driver’s insurance, your own insurance will cover you.


====Enhanced accident benefits====
* financial support if you’re an unpaid caregiver
Your basic Autoplan coverage comes with '''enhanced accident benefits'''. These benefits cover medical expenses and reimburse you for lost wages if you’re injured in an accident. We dig into the details below.
* personal care assistance if you can’t care for yourself
* a lump sum payment if you sustain a permanent impairment


====Third party liability coverage====
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].
Your basic Autoplan insurance includes $200,000 of '''third party liability coverage'''. Under ICBC’s no fault insurance model, vehicle owners and drivers are protected from lawsuits in most cases. So if you’re responsible for a crash in BC, it’s unlikely that anyone who was injured or had their vehicle damaged in the accident will take legal action against you.  


Third party liability coverage protects you in the limited situations where another driver could make a claim against you. For example, if you cause a crash and damage someone’s property (like a fence). Or if you’re involved in an accident outside of BC where legal claims for vehicle damage or injuries are allowed.
===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.  


For the full details on basic Autoplan, [https://www.icbc.com/insurance/products-coverage/Pages/basic-insurance.aspx see ICBC’s website].
ICBC also offers optional '''new vehicle protection coverage'''. With this coverage, if your vehicle isn’t repairable you’ll have the choice of:


====Your basic insurance comes with enhanced accident benefits====
* replacing it with a new model
ICBC’s basic Autoplan insurance comes with '''enhanced accident benefits''' included. Enhanced accident benefits help you with medical costs and wage loss if you’re injured in an accident. They’re available to you whether you’re a driver, passenger, cyclist, or pedestrian, even if you’re found responsible for the crash. For that reason, they’re often referred to as '''“no fault” benefits.'''
* replacing it with a different vehicle of equal value
* taking a cash payout


Coverage for these benefits extends to anyone in a vehicle that’s licenced and insured in BC. Enhanced accident benefits are also available to any British Columbian involved in an accident, whether it occurs in BC, elsewhere in Canada, or in the United States.
===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 are a variety of benefits available====
* there was an injury
Enhanced accident benefits provide '''medical care and recovery benefits'''. These may include costs like hospital care, medication, physiotherapy, counselling and more. They also reimburse you for certain expenses, like travel costs associated with medical treatment. The amount of coverage you get is set out in [https://www.canlii.org/en/bc/laws/regu/bc-reg-59-2021/latest/bc-reg-59-2021.html#sec19 this fee schedule].
* another vehicle was involved
* there was damage to someone else’s property


Enhanced accident benefits offer wage loss benefits as well. If you’re injured in a car accident and are unable to work, you may receive income replacement benefits based on 90% of your net income, up to a maximum. (Note that you’ll only receive these benefits if they provide more than what you’re eligible to receive in '''workers’ compensation'''. [https://www.peopleslawschool.ca/workers-compensation-claim/ We explain workers’ compensation here].)
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.


Other enhanced accident benefits include:
===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:


* '''Caregiver expenses''', if you can’t continue to look after a child under 16 years old or an adult dependent because of your injuries. 
* you have accepted a trip using the app
* '''Personal care assistance''', if you need help caring for yourself and performing basic household tasks.
* you are en route to pick up a passenger
* '''Permanent impairment payment''', if you suffer permanent bodily damage as a result of a car accident.
* you are transporting a passenger


See [https://www.icbc.com/claims/injury/Documents/your-guide-enhanced-accident-benefits.pdf ICBC’s guide on enhanced accident benefits] for the full list of 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.


===You can buy more than the basic insurance===
===When does my insurance expire? Do I have until the end of the day to renew?===
To supplement your basic Autoplan insurance, you can buy extra insurance from ICBC or a private company. Whether or not it’s necessary depends on where and how much you drive, and your own preferences for coverage.
You have until midnight on the expiry date to renew your insurance.
 
For example, [https://www.icbc.com/insurance/products-coverage/Pages/collision-coverage.aspx collision coverage] helps pay your repair costs when you hit another vehicle, object, or the surface of the road. Unlike basic vehicle damage coverage, collision coverage protects you even when you’re responsible for the crash.
 
[https://www.icbc.com/insurance/products-coverage/Pages/extended-liability.aspx Extended third party liability coverage] protects you from having to pay costs that exceed your basic Autoplan limit. This may be a good option if you do a lot of driving in the United States, as the cost of an accident can be much higher there. You can increase your coverage limit to up to $5 million.
 
ICBC’s website explains their range of [https://www.icbc.com/insurance/products-coverage/Pages/Default.aspx optional insurance products].
 
 
===If you’re hurt in a motor vehicle accident===
If you’re injured in a motor vehicle accident, you can access enhanced accident benefits. (We explain enhanced accident benefits above.) These benefits are available to any BC resident injured in a crash, no matter who was at fault. They support you in accessing the medical and rehabilitation care you need to recover. They may also help cover a portion of your wages if you’re unable to work as a result of the accident.
 
We walk you through the steps to take [https://www.peopleslawschool.ca/injured-in-motor-vehicle-accident/ if you’re hurt in an accident].


==Explore further==
{{PLSTipsbox
{{PLSTipsbox
| text = '''Try the solution explorer'''
| text = '''Deeper coverage of insurance benefits'''<br>
The Civil Resolution Tribunal handles most vehicle accident disputes in BC. If you have a problem involving a motor vehicle accident, try their solution explorer. It asks you questions about your situation and provides information and options tailored to your situation. It also offers self-help tools, like template letters, that may help you solve the problem on your own. Get started with the solution explorer here.
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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