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Q: If I have been injured in a motor vehicle accident, do I have to attend at ICBC in person in order to provide a statement?
A: No, however, you must provide ICBC with a written report of the accident no later than 30 days from the date of the accident, however, you do not have to attend at ICBC in order to provide this statement. In addition, the statement does not have to describe every detail of your accident, or state matters on details that you are unsure of.
If you are pursuing either a Part 7 claim or a tort claim, ICBC may request a more detailed statement from you and ask for information such as your medical history, including information in relation to any relevant pre-existing injuries or disabilities. However, Part 7 of the Insurance (Vehicle) Act Regulations (the “Regulations”) does not require that you provide this type of information in your statement to ICBC.
The requirement to provide ICBC with a statement as described above is different than the requirement to give ICBC notice of the accident. The applicable Regulations state that notice to ICBC is to be provided “promptly”. We recommend that save for extenuating circumstances, that you or a family member contact ICBC’s “Dial-A-Claim” as soon as you are able and certainly within 24 hours of the accident.
Q: If I am at fault for a motor vehicle accident, am I entitled to any compensation?
A: Under Part 7 to the Regulations to the Insurance (Vehicle) Act, certain “no-fault” benefits (“No Fault Benefits”) are available to individuals involved in a motor vehicle accident regardless of who is liable for the accident.
You may be entitled to compensation for temporary total disability and rehabilitation costs even in an accident that you are responsible for, or partially responsible for.
It is very important to keep in mind that ICBC’s contractual obligations to you as an ICBC Insured to provide you with compensation pursuant to your No Fault Benefits are separate and distinct from any compensation to which you may be entitled against the “at fault” party responsible for your injuries (which civil liability arises as a tort claim commenced against the responsible individual(s)).
Q: Who qualifies for No Fault Benefits?
A: To qualify for No Fault Benefits, a person must be an “insured” pursuant to the Regulations to the Insurance (Vehicle) Act. An insured is defined as:
Q: How do I claim No Fault Benefits?
A: In order to claim No Fault Benefits, you must do the following:
Q: If I have extended health coverage, do I still qualify for No Fault Benefits?
A: No Fault Benefits are secondary benefits. This being the case, you must first submit expenses to any extended health plan from which you may receive coverage.The balance of any expenses that are not covered by the extended health plan can be submitted to ICBC for reimbursement.
Q: What kinds of No Fault Benefits are available to me?
A: In general, there are three types of No Fault Benefits:
Q: What kinds of medical and rehabilitative benefits are available to me?
A: ICBC is required by law (the Regulations to the Insurance (Vehicle) Act) to pay “all reasonable expenses the insured incurred as a result of the injury for necessary medical, surgical, dental, hospital, ambulance, professional nursing services, physical therapy, chiropractic treatment, occupational therapy, speech therapy, or for a prosthesis or orthosis”.
However, ICBC’s coverage with respect to massage therapy and physiotherapy is limited to the following:
In order to claim medical and rehabilitative benefits, you must obtain a note from your family physician recommending the treatment and provide this note to your ICBC adjuster in order to obtain coverage.
Other forms of injury treatment that may not be covered by MSP, (such as psychological counselling), are generally considered to be discretionary and may also be funded by ICBC upon appropriate circumstances and when recommended by a primary care professional such as a family physician
Q: What kinds of disability benefits are available to me?
A: If you were employed at the time of the accident, and your injuries prevent you from engaging in employment within twenty days of the date of the accident, ICBC will pay you the lesser of $300.00 per week or 75% of your average gross weekly earnings in the twelve months immediately preceding the date of the accident.
To qualify for such disability benefits, you must either:
In order to claim these disability benefits, you must obtain a note from your family physician, confirming that you are totally disabled from your employment as a result of the accident. You must also provide the adjuster with reasonably sufficient documentation confirming your employment (i.e.: record of employment, pay stubs, tax returns, etc.).
No disability benefits are payable for the first seven days after the date of the accident. Further, the benefits will be paid for either the duration of the disability from employment, or for 104 weeks, whichever is the shorter period.
Because No Fault Benefits are considered to be “secondary benefits”, you must apply for employment insurance (i.e.: employment insurance, Sickness Disability Benefits), or any short-term disability benefits to which you may have access. This includes disability plans that may be available to you through your employment or through a spouse’s employment.
Q: Do I qualify for disability benefits if I was not working at the time of the accident?
A: If you were a “homemaker” at the time of the accident, and your injuries disable you from performing most of your household tasks within twenty days of the date of the accident, you are entitled to receive compensation from ICBC for reasonable expenses incurred to hire a person to perform the chores you are incapable of performing, to a maximum of $145.00 per week. These benefits are not payable when the chores are instead performed by a member of your household.
No benefits are payable for the first seven days after the date of the accident. If you remain disabled at the end of 104 weeks, the benefits will continue for the duration of the disability or until you turn 65, whichever is the shorter period.
Q: What kind of death benefits are available to the family of a deceased individual?
A: The following death benefits are available:
Q: What if ICBC says that I am at fault for the motor vehicle accident, but I disagree with their finding?
A: ICBC may provide you with No-Fault Benefits and your claims representative may advise you that you are “at fault” for your motor vehicle accident.
It is vital to understand that ICBC’s determination about fault is not a legal determination. By the nature of the insurance regime in British Columbia, ICBC is also the insurer of the other motorist(s) involved in the accident.
If ICBC tells you that in their view you are “at fault” or partially at fault for the accident, it is imperative that you seek legal advice as soon as possible to discuss the circumstances of your accident so you can obtain legal advice with respect to whether liability can be challenged and to preserve all available physical evidence (preserve vehicles, eyewitness accounts, area photographs and measurements etc.).
It is equally important to keep in mind that ICBC’s internal “determination” at the “adjusting stage” that you are not at fault, also has no legal weight or standing.
We routinely conduct early investigations in relation to our client’s accidents through the early identification and interviewing of accident eyewitnesses, retaining of accident reconstruction engineering experts and seek to preserve and inspect physical evidence, even in cases where liability for the accident appears “straightforward”. Our early involvement and investigations have allowed us to successfully dispute ICBC’s preliminary determination of liability.
The preservation of such evidence shortly after an accident can often be critical to the successful outcome of a bodily injury claim. It is important to keep in mind that your ICBC claims representative has the resources at their disposal to arrange for the conducting of these type of investigation initiatives.
Q: If I am injured in a motor vehicle accident and it is not my fault, what kinds of compensation might I be entitled to?
A: Injured persons may receive compensation for a number of losses and damages and are generally referred to as “heads of damages”.The most common heads of damages in a bodily injury claim are set our below:
Q: How long do I have to seek compensation for my injuries?
A: You must either settle your claim or commence a court action within two years of the date of the accident. In some circumstances, the two year limitation period may be extended. However, we strongly recommend that that you seek legal advice as soon as possible to obtain preliminary legal advice in relation to your circumstances.
Most firms that practice in this area will be pleased to meet with you immediately after your accident to provide you with helpful advice and information on a “no commitment / no charge” basis.
It is critical to keep in mind that if you fail to settle your claim or commence the appropriate legal proceedings against the appropriate parties within the 2 year limit, your right to any compensation for your injuries may be completely eliminated.
Once you formally commence a court action (called a “Notice of Civil Claim” in the BC Supreme Court), this does not necessarily mean that your matter will be going to trial. Instead, the filing of the claim simply preserves your right to pursue an injury claim, in the event you wish to do so.
Q: If I am working at the time of my motor vehicle accident, does this mean that I cannot make a claim for compensation through ICBC?
A: If both you and the other driver involved in the accident were both working at the time of the accident, you do not have the ability to commence a tort claim against the responsible individual(s) and must apply to WorkSafe BC for compensation.
If, however, you were “working” at the time of the accident and the other driver was not, you have a choice or an “election” with respect to which compensatory regime you wish to pursue. You may either elect into the WorkSafe BC regime for benefits or you may proceed with an ICBC claim for compensation for your injuries.
There are advantages and disadvantages with each “regime” and there are sound reasons that should guide you in making such a decision. You should speak to a lawyer experienced in such matters to discuss these important issues before you make your choice or election.
It is also important to note that a large body of law and Worker’s Compensation Appeal Tribunal (“WCAT”) determinations have involved the determination of when a person is a “worker” for the purposes of the Workers Compensation Act. We have considerable experience in dealing with these often complicated matters and highly recommend that you seek and obtain legal advice and assistance in such circumstances.
Q: What if ICBC says that I was “working” at the time of the accident and I disagree?
A: The Worker’s Compensation Appeal Tribunal has the responsibility of determining whether the parties were workers in the course of their employment at the time of the accident. Either party may apply to the Tribunal for a determination of whether (based upon the governing legal principles), the parties are considered to be “working” at the time of the accident.
We have considerable experience in dealing with these often complicated matters and highly recommend that you seek and obtain legal advice and assistance in such circumstances.
Q: What if ICBC says that my accident is a “low velocity impact” claim?
A: ICBC has developed an internal “policy” that designates certain types of motor vehicle accident claims as part of ICBC’s Low Velocity Impact Program (“LVI”). Typically, ICBC will say that your claim is an LVI if your vehicle has sustained less than a threshold of approximately $1,000.00 in physical damage in the accident.
If ICBC has designated your claim as a LVI claim, ICBC will presume that you could not have been injured in the accident and will not provide compensation for your injuries, even if you have been injured in the accident through no fault of your own.
ICBC’s designation of your claim as a LVI claim is not a legal determination. The Courts of this Province have routinely stated that that there is no correlation to the physical damage to your vehicle and the prospect of injury to that vehicle’s occupant(s).
If you wish to recover compensation for your injuries, and unless you come within one of the recognised exceptions to the LVI program (e.g.: prior injury to the same area(s)), you will likely need to commence a lawsuit to enforce your legal right to compensation.
Q: When should I consult a lawyer if I have been injured in a motor vehicle accident?
A: We recommend that you contact one of our personal injury lawyers immediately after you report the accident to ICBC’s “Dial-A-Claim”. We will be able to provide you with legal advice before you speak to an ICBC representative and help you decide how best to proceed with your claim.
Q: Is there an additional cost if I retain a lawyer early on in the proceedings?
A: No, there is no additional cost to you in light of the fact that we generally charge for our services on a percentage of the amount recovered on your behalf. Moreover, obtaining legal advice, or retaining a lawyer soon after your accident will generally help avoid many of the pitfalls faced by individuals injured in a motor vehicle accident.
Put your claim in the hands of a competent team of professionals; we would be pleased to provide you with our preliminary views on your claim on a no charge / no commitment basis.
Q: If I have already retained a lawyer, can I change to a different lawyer? If so, is there an additional cost?
A: The relationship that you have with your personal injury professionals is an intimate and special relationship. Changing law firms is a very important decision and should not be taken lightly or without careful consideration of the challenges in making such a change. Such a change should always be considered an option of last resort.
If you are considering changing your legal representation, it is vitally important that you first schedule a face-to-face meeting with your lawyer to first have a full and frank discussion in relation to your concerns and receive an explanation in relation to your concerns. Most concerns or issues can be easily addressed at such a meeting and more often than not, both parties walk away from the meeting feeling better about the relationship and the relationship may remain intact.
However, if after such a meeting, and after giving careful thought to the matter you decide that continuing on with the relationship is not in your best interests, you may generally change your legal representation without any additional cost to you. At the conclusion of your claim, whether by settlement or by judgment after a trial, your previous and current lawyers will determine between them the appropriate and fair manner in which their respective firms ought to share in the amounts owing under the contingency fee agreement entered into with the client.
In appropriate circumstances we have agreed to assume the conduct of files from other counsel / law firms for a variety of reasons. Some of these reasons include: conflicts of interest that have arisen on the file; the retirement or passing of the lawyer; or irreconcilable differences arising between the lawyer and the client.
Q: How much will it cost to hire a lawyer to represent me in my motor vehicle accident claim?
A: With respect to motor vehicle accident claims, our firm charges legal fees based on a Contingency Fee Agreement.
This means that you do not have to pay a lawyer by the hour or out of pocket as your matter proceeds through litigation. Instead, our legal fees are paid as a percentage of the damages obtained on your behalf through settlement, or by judgment after a trial at the end of your case.
If we are unable to recover compensation on your behalf from the parties responsible for your injuries, we are not entitled to a fee for our professional services.
If you have a question that is not covered above, please drop us a line and one of our Team Members would be pleased to answer any questions you may have.