==Accident victims may be entitled to compensation==If you’re hurt in This script describes making a motor vehicle accidentpersonal injury claim, you may be able going to receive two types court, and dealing with the Insurance Corporation of compensation:British Columbia, called ICBC.

#'''No-Fault Accident Benefits:''' Everyone in BC who owns a vehicle must buy basic insurance from the Insurance Corporation of British Columbia, or ICBC. This insurance pays money, called “accident benefits,” to people injured victims may get compensationIf you’re hurt in a motor vehicle accident. Even if you caused the accident, ICBC will pay you these no-fault accident benefits, as long as you’ve met the conditions may be able to get two types of this insurance. Generally, these benefits include temporary total disability benefits compensation (i.e., disability benefits for lost income to a maximum of $300 per week while you are disabled due to your injuriespayments) and medical and rehabilitation benefits.#'''Damages:''' If the accident wasn’t your fault (or only partly your fault), you also have the right to “damages” for your pain and suffering, lost past and future wages, future care, out-of-pocket expenses and other losses. This is called a “tort” claim. These damages aim to put an injured person, who didn’t cause the accident, in the same position they would have been in had the accident not happened (as far as money can do this).

==How do you make No-fault accident benefits: everyone in BC who owns a claim?==You make vehicle must buy basic insurance from the Insurance Corporation of British Columbia, called ICBC. This insurance pays money, called “accident benefits,” to people hurt in a claim for vehicle accident benefits and/or damages through ICBC. Report Even if you caused the accident by calling ICBC’s Dial, ICBC will pay you these no-A-Claim at 604.520.8222 within fault accident benefits, as long as you’ve met the lower mainland or 1conditions of this insurance.800.910.4222 elsewhere in BC. An ICBC adjuster will then meet with Generally, these benefits include temporary total disability benefits (disability benefits for lost income up to $300 a week while youare disabled due to your injuries) and medical and rehabilitation benefits. The adjuster will investigate Damages: if the accident wasn’t your fault (or only partly your fault), you can get “damages” for your pain and decide who caused it. The adjuster will also review your medical information suffering, lost wages (past and future), future care, out-of-pocket expenses, so keep all your receiptsand other losses. This is called a “tort” claim. These damages aim to put an injured person who didn’t cause the accident in the same position they would have been in if the accident had not happened (as far as money can do this).

==ICBC will typically offer you money to settle or resolve your claim. Normally you won’t want to settle a personal injury claim until your medical condition is stable and your doctor can say when your injury will probably be resolved and whether you will have any lasting effects. Then, if you agree with ICBC’s offer, you can settle your claim. Once you settle your claim, you can’t make any further claims. That’s true even if you later suffer new effects from your injuries, which you hadn’t expected. You will also have to sign a “full and final release of all claims” before receiving the settlement money.How do you make a claim?You make a claim to ICBC. Report the accident by calling ICBC’s Dial-A-Claim at 604.520.8222 in the lower mainland and 1.800.910.4222 elsewhere in BC. You can also make a claim online. An ICBC adjuster will investigate the accident and decide who caused it. The adjuster will also review your medical information and expenses, so keep all your receipts.  See your doctor==

==Report the accident promptly==You have to promptly notify ICBC of report the accident and give a written report or statement promptly to ICBC no later than 30 days after the accident. The report or statement sets out the accident circumstances and details of your injury or injuries. Some people prefer to see a lawyer before talking with ICBC. If you do that, your lawyer can report the claim to ICBC for you.  What if you disagree with ICBC’s decision about your case?If you disagree with ICBC’s offer or its decision about who is at fault, or if you don’t know if the offer is fair, you should see a lawyer for advice. If you or your lawyer can’t reach an agreement with ICBC, you may sue the owner and driver of the other vehicle in the accident. ICBC’s decision on who is at fault or what amount is fair for tort damages does not bind a court. A judge can decide the matter without considering what ICBC decided.

==When must you submit You also have two options with ICBC. First, it has an appeal process. You can appeal ICBC’s decisions on who is at fault, its settlement offer, its denial of your claim for no-fault accident benefits?==To claim accident benefits, and its treatment of you must submit . ICBC also has a completed accident benefits claim form to ICBC within 90 days after the accident. If Fairness Process that you can try if you’re entitled to accident benefits, you should start to receive payments soon after thatnot satisfied.

==What about getting damagessuing?==If someone else was fully or partly You may want to blame for sue the owner and driver of the other vehicle if ICBC:• refuses to pay accident benefits: ICBC may refuse to pay accident – meaning you’re entitled benefits. Or it may pay less than you think is fair. • refuses to tort pay damages – : ICBC will typically offer you money may refuse to settle or resolve your claimpay damages. Normally Or it may pay less than you won’t want to settle a personal injury claim until your medical condition think is stable and your doctor can say when your injury will probably be resolved and whether you will have any lasting effectsfair. Then• decides that you’re at fault for the accident, if partly or totally: ICBC may decide that you agree with ICBC’s offer, you can settle your claim. You won’t be able caused the accident and refuse to make any further claims later, even if you suffer new and other consequences as a result of your injuries which you hadn’t anticipatedpay damages. You will also have to sign a “full Or it may decide you’re partly at fault and final release of all claims” before receiving reduce the damages by the settlement moneyproportion you’re at fault.

==What if you disagree with ICBC?==If you don’t agree with ICBC’s offer or its decision about who is at fault, or if you don’t know if the offer is fairIn all these cases, you can see a lawyer for should get legal advice. If before you or your lawyer can’t reach an agreement with ICBC, you may sue in court. ICBC’s decision as to who is at fault or decide what amount is fair for tort damages isn’t binding on a court, and the judge will decide the matter without any reference to what ICBC decided. ICBC has a “Fairness Process” that you can also use if you’re not satisfieddo.

==There What are three situations where the deadlines to sue?If you decide to sue, you must start the lawsuit within 2 years from the accident date, or you lose the right to sue. If you may have received no-fault benefits, then the 2-year deadline to sue in court==runs from the date of the last benefit payment (not the accident date).

#'''Refusal to pay accident benefits:''' If ICBC refuses to pay any accident benefits, or it pays less than you think is fair, you can see a lawyer for legal advice. If you decide to sue, you have to start your lawsuit within 2 years after were under the accident (or within 2 years from age of 19 at the date time of the last noaccident, the 2-fault benefits payment, if year deadline to sue for damages does not start to run until you received some benefits)turn 19.#'''Decision that But if you’re under 19 at fault:''' ICBC may decide that you’re totally or partly at fault for the time of the accident. To claim damages or compensation for your injuries in addition to no, the 2-fault accident benefits, you would have year deadline to sue the owner and driver of the other vehicle in the for accident. This must be done within 2 years of benefits still runs from the date of the accident.#'''Refusal to pay damages:''' ICBC may last benefit payment (it’s not want to pay as much damages as delayed until you think you should get for your pain and suffering, wage loss, business loss or other losses. This may happen even though ICBC decides that you were not at faultturn 19). In this casesome cases, you’d you also have to start give notice of your claim sooner (for example, if a lawsuit municipality is involved, you must give it notice of your claim within 2 years 6 months of the accident).

==What deadlines are there for suing in courtWhere do you sue?==Any court action must be started within 2 years from the accident date, or you lose all right to recovery. In some cases, you also have to give notice of your claim sooner (for example, if a municipality is involved, you must give the municipality notice of your claim within 6 months of the accident).

==Where do you sue?==#'''Small Claims Court:''' Sue sue in Small Claims Court if you are suing for claiming $25,000 or less. You don’t need a lawyer in Small Claims Court, but you can have one. Check scripts [[What is Small Claims Court? (Script 165)|165]] to [[Getting Your Judgment Paid (Script 169)|169]] on Small Claims Court.#'''Supreme Court:''' Sue sue in BC Supreme Court if you are seeking more than the $25,000 limit in Small Claims Court. You should have a lawyer if you choose in Supreme Court because the procedures are more complicated.How much does it cost to sue?If you’re suing for damages, you have to pay your own lawyer. Most lawyers in this area accept cases on a “contingency fee agreement.” This means that you pay your lawyer’s fees only if you win damages at the end of your lawsuit, based on a percentage of what you recover. But you must still pay expenses, even if you lose. Discuss it with your lawyer when you first see them. ICBC pays the lawyer for the people you are suing. If you win your lawsuit, the court may order the other side to pay some of your legal fees.

==How much will it cost?==If you’re suing for damagesLawsuits in Supreme Court don’t usually go to trial because both sides settle the case before trial, you have to pay your own lawyerbut not always. Most lawyers practicing in this area accept Sometimes, cases on the basis of go to mediation and an independent person acts as a “contingency fee agreement.” This means that mediator to help you only pay your lawyer’s fees when and if you recover damages at the end of your legal action, based on a percentage of what you recover. Discuss this with your lawyer when you first see him or her. ICBC pays the lawyer for the people you are suing. If you win your lawsuit, the court may order the other side to pay some of your legal feesreach a settlement agreement.

Lawsuits Can ICBC sue you?Yes, ICBC can sue you in Supreme Court don’t usually go to trial because both sides settle or resolve the matter before trial, but this isn’t always the casesome cases. SometimesFor example, cases go to mediation if you drink and drive or text and drive and cause an independentaccident that injures a person, unbiased that person acts as a mediator to help may sue you . ICBC can pay the injured person and the other side reach then demand that you pay it back. The various situations in which ICBC can collect that money from you are quite complex. So if you’re involved in such a settlement agreementsituation, you should get legal advice.

==Can ICBC sue you?==Caution—get legal adviceYes, ICBC can sue See a lawyer before you in some cases. For example, if you drive while drunk and cause an accident that injures make a person, that person may sue youpersonal injury claim. ICBC can pay the injured person It’s critical to know all your rights and then demand that you pay it backbe prepared. The various situations in which ICBC can collect that money from you Insurance companies, however fair, are quite complex. So if you’re involved in such a situation, you should get legal adviceconflict of interest about what to do with your claim.

==Caution==SummaryYou should consult If you’re injured in a motor vehicle accident, you can claim accident benefits from ICBC. If the accident wasn’t your fault, or was only partly your fault, you can also claim damages for pain and suffering and other losses. The ICBC adjuster can settle your claim if you agree. Because that agreement will be binding, you may want to see a lawyer before you proceed with agree to a personal injury claimsettlement to learn if the offer is fair. It’s critical that If you know all can’t agree on the value of your rights and claim, or who is responsible for the accident, you may have to sue. There are prepared. Insurance companiesstrict time limits for suing, however fairand if you miss the time limit, are in you lose your right to sue. So you should see a conflict of interest about what to do with your claimlawyer as soon as possible after an accident for legal advice.

==SummaryMore information==If you’re injured in a motor vehicle accident, you can claim For more on accident benefits from ICBC. If the accident wasn’t your fault, you can also claim and damages for pain and suffering and other losses. The ICBC adjuster can settle your claim if you agree. Because that agreement will be bindingaccident victims, you may want to see a lawyer before you agree to a settlement to find out if the offer is fair. If you can’t agree on the value of your claimcheck script 185, or who is responsible “Insurance Benefits and Compensation for the accident, a lawsuit and a trial may be necessaryAccident Victims”. There are strict time limits for when a lawsuit must be started, and if you miss Check the time limit, you lose your right to sue. So you should see a lawyer as soon as possible after an accident for legal adviceICBC website.

[updated January 2013April 2015]