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Difference between revisions of "Insurance Benefits for Accident Victims"

From Clicklaw Wikibooks
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#damages (payment) for losses caused by someone’s negligence
#damages (payment) for losses caused by someone’s negligence


==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 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.


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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.
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.


===What no-fault accident benefits can you receive?===
====What no-fault accident benefits can you receive?====
Accident benefits include the following amounts:
Accident benefits include the following amounts:


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*homemaker benefits.
*homemaker benefits.


===How much are the income replacement and 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.
'''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.


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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.
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===
====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.
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 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.
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.


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