Difference between revisions of "Insurance Benefits for Accident Victims"

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{{REVIEWEDPLS | reviewer = [https://www.icbc.com/ Janet Mackinnon], ICBC and [https://www.icbc.com/ Krista Prockiw], ICBC|date= February 2019}} {{Dial-A-Law TOC|expanded = cars}}  
{{REVIEWEDPLS | reviewer = [https://www.icbc.com/ Krista Prockiw], ICBC|date= February 2024}} {{Dial-A-Law TOC|expanded = cars}}  
Being involved in a motor vehicle accident can have a serious impact on your health, as well as your wallet. '''Accident benefits''' and '''damages''' can help ease the financial burden.
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.


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==What you should know==
==What you should know==
===Basic vehicle insurance is mandatory in BC===
===Basic vehicle insurance is mandatory in BC===
Everyone who owns a motor vehicle in BC must have basic vehicle insurance from the Insurance Corporation of British Columbia (ICBC), called '''Basic Autoplan'''. You can choose to buy additional insurance coverage — from ICBC or a private insurance company.
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.


====Autoplan includes basic third party liability coverage====
====Basic vehicle damage coverage====
If you injure someone or damage their vehicle in an accident, your '''third party liability''' insurance will pay their claim up to the limit of your insurance. The minimum third party liability coverage you must have is $200,000. This insurance will also pay for most of the legal and investigative costs arising from an accident.
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.


====Underinsured motorist protection====
====Enhanced accident benefits====
'''Underinsured motorist protection''' means you don’t have to rely on other drivers having enough insurance coverage. Basic Autoplan insurance includes underinsured motorist protection up to $1 million.
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.


Here’s how this type of coverage works. Say you are hurt in an accident that is the other driver’s fault, and that driver has only the basic $200,000 third party liability insurance. But your claim is worth $800,000. What happens? ICBC will pay your full $800,000 claim through your underinsured motorist protection.
====Third party liability coverage====
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.  


====Protection against hit-and-run accidents====
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.
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.


===You can buy more than the basic insurance===
For the full details on basic Autoplan, [https://www.icbc.com/insurance/products-coverage/Pages/basic-insurance.aspx see ICBC’s website].
In motor vehicle accident cases, courts often award much more money (also called '''compensation''' or '''damages''') than $200,000. Sometimes they award $1 million or more — especially if the victim was seriously injured. You can choose to buy much more third party liability insurance than $200,000 — up to several million dollars. And most people do.


[https://www.icbc.com/autoplan/optional/Pages/Default.aspx 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. The costs of an accident (especially medical costs) can be much higher there.
====Your basic insurance comes with enhanced accident benefits====
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.'''


Similarly, you can choose to increase the underinsured motorist protection from the $1 million in the Basic Autoplan coverage. ICBC offers optional coverage up to $2 million, $3 million, $4 million or $5 million.
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.


===You can lose your insurance coverage if you break the law===
====There are a variety of benefits available====
You can lose your insurance coverage by:
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].


* driving while you’re prohibited from driving
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].)
* driving while your licence is suspended
* committing a crime while driving


Any of these acts may breach your third party liability insurance, and you may have to pay for any damage or injury you cause in an accident.
Other enhanced accident benefits include:


===If you’re hurt in a motor vehicle accident===
* '''Caregiver expenses''', if you can’t continue to look after a child under 16 years old or an adult dependent because of your injuries. 
If you’re injured in a motor vehicle accident, there are two sources of compensation:
* '''Personal care assistance''', if you need help caring for yourself and performing basic household tasks.
* '''Permanent impairment payment''', if you suffer permanent bodily damage as a result of a car accident.


#no-fault accident benefits, and
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.
#damages for losses if another person was at fault.


====No-fault accident benefits are paid no matter who caused the accident====
===You can buy more than the basic insurance===
'''No-fault accident benefits''' are available to almost everybody in BC who is injured in a motor vehicle accident — no matter who caused the accident.
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.


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.
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.  


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.
[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.


====Accident benefits are limited====
ICBC’s website explains their range of [https://www.icbc.com/insurance/products-coverage/Pages/Default.aspx optional insurance products].
'''Accident benefits''' help with medical care and wage loss. They include rehabilitation and medical expenses, as well as disability benefits for workers and homemakers. We explain these more fully shortly.


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. 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 you’re hurt in a motor vehicle accident===
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. For example, you could be fully paid for the loss of your future earnings if you can’t work because of the accident. Or you may be paid for the pain and suffering the accident caused you; these are called '''non-pecuniary damages'''. (Note as of April 2019, [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-231/latest/rsbc-1996-c-231.html#sec103_smooth the law in BC] limits the amount that can be awarded for pain and suffering for “minor injuries.”)
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.
 
For more details, see our information on [https://dialalaw.peopleslawschool.ca/personal-injury-claim/ making a personal injury claim].
 
====You cannot collect twice for the same accident====
You cannot collect twice for the same loss. Accordingly, ICBC will subtract the accident benefits and other insurance benefits paid to you from any damages (or compensation) you receive arising from someone’s negligence.
 
==Common questions==
 
===Should I buy extra insurance coverage?===
With Basic Autoplan insurance, if you injure someone in an accident, your third party liability coverage will pay their claim up to $200,000. If someone you injure is awarded more than that amount, you may have to pay the rest out of your own pocket. That can lead to financial ruin. It’s a good idea to buy more insurance — for both third party liability and underinsured motorist protection.
 
===What is covered by no-fault accident benefits?===
No-fault accident benefits help with medical care and wage loss if you are injured in a motor vehicle accident, regardless of who is at fault. [https://www.icbc.com/brochures/Pages/injured-in-crash.aspx See the ICBC website for updated information on benefit amounts].
 
====Rehabilitation and medical expenses====
Accident benefits cover reasonable expenses for medical and rehabilitation services, up to $300,000. This can include chiropractic and physiotherapy treatments and nursing attendant care.
 
====Disability benefits for workers====
If you were working before the accident but were disabled in it and can no longer work, you can receive weekly disability benefits. Your benefits are based on 75% of your average gross weekly earnings (up to a maximum amount).
 
{| class="wikitable"
|align="left"|'''Tip'''
[https://dialalaw.peopleslawschool.ca/employment-insurance-benefits/ If you are eligible for employment insurance benefits], you should apply for them. ICBC will include these benefits to calculate the disability benefits owing to you — even if you do not collect your EI benefits.
|}
====Disability benefits for homemakers====
If before the accident you looked after your family and home, and your injury makes you unable to perform most of your household tasks, you can get weekly homemaker benefits. These benefits continue for as long as your disability lasts or until you turn 65, whichever comes first.
 
===As a pedestrian, I was hurt when a car hit me. Can I qualify for accident benefits?===
Yes. If you are injured as a pedestrian or cyclist in an accident with a vehicle, you can get accident benefits if you:


* are named in an Autoplan insurance policy, or
We walk you through the steps to take [https://www.peopleslawschool.ca/injured-in-motor-vehicle-accident/ if you’re hurt in an accident].
* have a valid BC driver’s licence, or
* are a member of the household of a person who is named in an Autoplan policy or has a valid BC driver’s licence.


===ICBC denied my claim. Can I appeal?===
{{PLSTipsbox
Yes. If you don't agree with an assessment or decision ICBC has made about your claim, you have options for disputing it. See the ICBC website for details.
| text = '''Try the solution explorer'''
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.
}}


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Revision as of 06:37, 3 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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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.

Alert!

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, visit ICBC's website for details.

What you should know

Basic vehicle insurance is mandatory in BC

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

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

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.

Third party liability coverage

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.

For the full details on basic Autoplan, see ICBC’s website.

Your basic insurance comes with enhanced accident benefits

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.

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.

There are a variety of benefits available

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 this fee schedule.

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. We explain workers’ compensation here.)

Other enhanced accident benefits include:

  • Caregiver expenses, if you can’t continue to look after a child under 16 years old or an adult dependent because of your injuries.
  • Personal care assistance, if you need help caring for yourself and performing basic household tasks.
  • Permanent impairment payment, if you suffer permanent bodily damage as a result of a car accident.

See ICBC’s guide on enhanced accident benefits for the full list of benefits.

You can buy more than the basic insurance

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.

For example, 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.

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 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 if you’re hurt in an accident.

Tip v3.jpg
Try the solution explorer 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.
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