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Difference between revisions of "Insurance Benefits for Accident Victims"
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Insurance Benefits for Accident Victims (view source)
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{{Dial-A-Law TOC|expanded = autos}} | {{Dial-A-Law TOC|expanded = autos}} | ||
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”. | 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”. | ||
==Types of insurance== | ==Types of insurance== | ||
===ICBC vehicle insurance is mandatory=== | ===ICBC vehicle insurance is mandatory=== | ||
Everyone who owns a motor vehicle in BC must have basic vehicle insurance, called Autoplan, from ICBC. You can buy more | Everyone who owns a motor vehicle in BC must have [http://www.icbc.com/autoplan/basic/Pages/Default.aspx basic vehicle insurance], called '''Autoplan''', from ICBC. You can buy more 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=== | ===Autoplan includes basic third-party legal liability insurance of $200,000=== | ||
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===You can buy more than the basic $200,000 insurance=== | ===You can buy more than the basic $200,000 insurance=== | ||
Courts often award much more money (called compensation or damages) than $200, | 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. [http://www.icbc.com/autoplan/optional/Pages/Default.aspx 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. | ||
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. | 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. | ||
===Autoplan includes under-insured motorist protection=== | ===Autoplan includes under-insured motorist protection=== | ||
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 | Basic Autoplan includes under-insured motorist insurance up to $1 million. For example, say you are hurt in an accident that is the other driver’s fault, and that 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. | ||
You can increase the under-insured motorist protection with ICBC from $1 million to $2 million. | You can increase the under-insured motorist protection with ICBC from $1 million to $2 million. | ||
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#no-fault accident benefits | #no-fault accident benefits | ||
#damages (payment) for losses | #damages (payment) for losses if another person was at fault | ||
===1. No-fault accident benefits=== | ===1. No-fault accident benefits=== | ||
====When can you get them?==== | ====When can you get them?==== | ||
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. | ICBC pays [http://www.icbc.com/claims/determine-fault/Pages/If-you-are-not-at-fault.aspx 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. | 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. | ||
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'''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. | '''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 | Income replacement and homemaker benefits aren’t paid for the first week. They start on the 8th 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==== | ====You must apply for other benefits first==== | ||
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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. | 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 | ===2. Damages for losses if another person was at fault=== | ||
If | [http://www.icbc.com/claims/determine-fault/Pages/If-you-are-not-at-fault.aspx If you were not at fault]—if another person was legally at fault for (or caused) the accident—even partly—then you can be paid for at least some of your losses from the accident. For example, you could be paid for the clothes you were wearing that were ruined in the accident. You could also be fully paid for the loss of your future earnings if you can’t work because of the accident. Also, you may be paid for the pain and suffering the accident caused you. | ||
====You cannot collect twice for the same accident==== | ====You cannot collect twice for the same accident==== | ||
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==More information== | ==More information== | ||
*Check the | *Check the [http://www.icbc.com www.icbc.com ICBC website]. | ||
*Check script [[Making a Personal Injury Claim (Script 188)|188]], called “Making a Personal Injury Claim”. | *Check script [[Making a Personal Injury Claim (Script 188)|188]], called “Making a Personal Injury Claim”. | ||
[updated | [updated May 2016] | ||
