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Difference between revisions of "Insurance Benefits for Accident Victims"
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Insurance Benefits for Accident Victims (view source)
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{{REVIEWEDPLS | reviewer = Janet Mackinnon and Krista Prockiw of ICBC |date= February 2019}} {{Dial-A-Law TOC|expanded = cars}} | {{REVIEWEDPLS | reviewer = Janet Mackinnon and Krista Prockiw of ICBC |date= February 2019}} {{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. ''' | 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. | ||
== | ==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 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. | ||
===Autoplan includes basic third party liability coverage=== | ===Autoplan includes basic third party liability coverage=== | ||
If you injure someone or damage their vehicle in an accident, your '''third party liability | 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. | ||
===Underinsured motorist protection=== | ===Underinsured motorist protection=== | ||
'''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. | '''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. | ||
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. | 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. | ||
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===You can buy more than the basic insurance=== | ===You can buy more than the basic insurance=== | ||
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. | 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. | |||
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. | 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. | ||
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===No-fault accident benefits are paid no matter who caused the accident=== | ===No-fault accident benefits are paid no matter who caused the accident=== | ||
'''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. | '''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. | ||
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. | 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. | ||
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. | 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. | ||
===Accident benefits are limited=== | ===Accident benefits are limited=== | ||
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 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. | 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=== | ===Damages for losses if another person was at fault=== | ||
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 | 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.”) | ||
For more details, see our information on [[Making a Personal Injury Claim | For more details, see our information on [[Making a Personal Injury Claim|making a personal injury claim]]. | ||
===You cannot collect twice for the same accident=== | ===You cannot collect twice for the same accident=== | ||
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===What is covered by no-fault accident benefits?=== | ===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. | 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=== | ===Rehabilitation and medical expenses=== | ||
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===Disability benefits for workers=== | ===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). | 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" | {| class="wikitable" | ||
|align="left"|'''Tip''' | |align="left"|'''Tip''' | ||
If you are eligible for | [[Applying for Employment Insurance Benefits (No. 282)|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=== | ===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. | 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?=== | ===As a pedestrian, I was hurt when a car hit me. Can I qualify for accident benefits?=== | ||
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===ICBC denied my claim. Can I appeal?=== | ===ICBC denied my claim. Can I appeal?=== | ||
Yes. | Yes. If you don't agree with an assessment or decision ICBC has made about your claim, you have options for disputing it. [https://www.icbc.com/claims/disputes-appeals/Pages/default.asp See the ICBC website for details]. | ||
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