All British Columbians get car insurance coverage through ICBC. In nearly every car crash you have at least one money source, but that source is limited to wage loss and medical treatment. In the industry, this source of money is referred to as Part 7 benefits (Part 7 of the Regulation to the Insurance (Vehicle) Act). The other source of money is from the at-fault person or persons. This is called the tort claim.
Part 7 benefits are available to you even if you’re at fault for the crash (and of course available if you weren’t at fault). Even if you’re certain you caused the crash, but are injured (and prove to ICBC you’re injured), you can receive wage loss benefits and medical treatment. There are some very rare instances where Part 7 benefits are denied (i.e. low velocity impact (see below) and criminal acts). Nearly everyone involved in a crash in British Columbia, including pedestrians and cyclists, have Part 7 benefits.
The second source of money is through the wrongdoer’s insurance policy. This can seem confusing because both pots of money are held by ICBC. However, if you weren’t 100 per cent at fault for the crash and you are injured, then you can claim (this is the tort claim) for pain and suffering, full lost wages, full reasonably medical treatment (past and future) and other appropriate compensation due to you from the at-fault driver(s). This pot of money isn’t generally available to you until your claim is completed by settlement or court award.
You want to know if you have a claim against the at-fault driver(s). This is important because when you succeed in a claim against an at-fault person, you get pain and suffering money, full wage loss, full reasonable medical treatment, and other forms of compensation in proportion to that other person(s’) fault. There are several scenarios to consider:
1. If you were a driver and ICBC admits you were not at fault: You have a claim. Note, however, that sometimes ICBC may admit you weren’t at fault in the beginning and then change its mind. If this happens you will have to prove you weren’t 100 per cent at fault.
2. If you were a driver and ICBC says you were at fault: Just because ICBC says you were at fault does not mean you were at fault. Many people succeed proving they weren’t 100 per cent at fault even though ICBC said so. ICBC may deny your claim but you have the option of starting a legal action and proving ICBC wrong.
3. If you were a passenger: It is almost certain you have a claim. I say almost, because if you, for instance, grabbed the wheel causing the crash, then you as passenger may be at-fault. This is rare and so you almost certainly have a claim against your driver and/or the other driver(s).
4. If it was a hit and run: What if the other vehicle takes off from the scene? If you weren’t 100 per cent at fault, you have a tort claim. However, ICBC requires that it be notified about the fact a vehicle left the scene. There is still Part 7 insurance coverage available to you in hit and run situations.
5. If ICBC declares your crash to be Low Velocity Impact (LVI): ICBC has a “no crash, no cash” policy. This means that if a crash is small such as a minor “fender bender”, they may decide to not pay you Part 7 benefits and your tort claim. Their reasoning is that the crash was so minor that nobody could possibly be hurt. Fortunately, our courts have not recognized this policy. Our courts will award both Part 7 benefits and tort compensation even when ICBC told you the crash was LVI as long as you prove your injuries and that those injuries were caused by the crash. If ICBC denies you coverage based on their LVI policy, you can file a lawsuit.
6. If you were a cyclist or pedestrian: If you are injured as a pedestrian or cyclist, then you have a tort claim unless you are 100 per cent at fault. You very likely also have Part 7 benefits.
7. If the other driver didn’t have any or enough insurance: In BC, many persons (drivers, passengers, pedestrians, and cyclists) have underinsured motorist protection (UMP). UMP provides insurance coverage up to $1 million. There are several ways you qualify for UMP set out in the Regulations to the Insurance (Vehicle) Act. You may have purchased or qualify for excess UMP which means you have $2 million in UMP coverage.
8. If you alone caused the crash: If you alone caused the crash, then there is no other party for you to claim against. However, sometimes you may only be partially at fault. Maybe the road was badly designed or some hazard was on the road. There could be any number of reasons you aren’t 100 per cent at fault for a single-vehicle crash. If so, you are entitled to money for your harms and losses in proportion to the other party’s or parties’ fault. Remember, regardless of fault, you are still most likely entitled to Part 7 benefits.
Some Special Cases
Sometimes a person or entity not involved in a crash could be at fault. It could be a municipality, town, city, or the province for poor road design, road construction, failure to maintain a road properly or some other reason. There could be instances where a business is at fault such as a road construction company, or a company that owns a road, or a company or person did something on the roadway that caused the crash.
British Columbia law also stipulates that an owner of a vehicle can be found at-fault for a crash. If you start a lawsuit you need to include the vehicle owners as defendants because maybe the vehicle was not roadworthy and/or the person driving was not qualified.
I haven’t listed all possible wrongdoers in an auto crash. Instead, my point is that auto crashes can be caused by persons or entities other than the drivers.
Deadlines (limitation dates)
It is important you know that there are some very strict deadline before which you must take certain steps after your car crash. The key deadlines you need to know about are the following:
Steps Deadline / limitation date
Start your injury lawsuit:
- Within 2 years from the date of your crash.
Start your injury lawsuit if a municipality (or town or city) is a defendant:
- Give written notice to the municipality within 2 months from the date of your crash;
- Start lawsuit most likely within 2 years of your crash. Very slight possibility (depending on the circumstances) the deadline is within 6 months from the date of your crash.
Hit and run:
- Give ICBC notice about your crash and that it was a hit and run within 6 months from the date of the crash.
To get wage loss and/or treatment benefits: Give ICBC notice about your crash within 30 days of your crash. File an ICBC benefits application form (CL22) within 90 days of your crash.
Just so you know, deadlines mean deadlines. Courts RARELY extend deadlines, and only do so if there is a specific legal reason. Deadline extensions are NOT given out of sympathy.
There are other exceptions, but the above deadlines are the key deadlines you should know about. The take away message about deadlines is that you do not have all the time in the world to file your claim in the courts.
Related posts: