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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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|align="left"|'''Alert!''' | |align="left"|'''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, [https://www.icbc.com/insurance/products-coverage/Pages/basic-insurance.aspx visit ICBC's website for details]. | 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, [https://www.icbc.com/insurance/products-coverage/Pages/basic-insurance.aspx visit ICBC's website for details]. | ||
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===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''' 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. | 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. | ||
===Protection against hit-and-run accidents=== | ====Protection against hit-and-run accidents==== | ||
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. | 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. | ||
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===You can lose your insurance coverage if you break the law=== | ===You can lose your insurance coverage if you break the law=== | ||
You can lose your insurance coverage by: | You can lose your insurance coverage by: | ||
*driving while you’re prohibited from driving | |||
*driving while your licence is suspended | * driving while you’re prohibited from driving | ||
*committing a crime while driving | * 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. | 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. | ||
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===If you’re hurt in a motor vehicle accident=== | ===If you’re hurt in a motor vehicle accident=== | ||
If you’re injured in a motor vehicle accident, there are two sources of compensation: | If you’re injured in a motor vehicle accident, there are two sources of compensation: | ||
#no-fault accident benefits, and | #no-fault accident benefits, and | ||
#damages for losses if another person was at fault. | #damages for losses if another person was at fault. | ||
===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. | ||
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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. | ||
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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 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 [ | 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 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. | 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. | ||
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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]. | 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==== | ||
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. | 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=== | ====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''' | ||
[ | [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=== | ====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?=== | ||
Yes. If you are injured as a pedestrian or cyclist in an accident with a vehicle, you can get accident benefits if you: | 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 | |||
*have a valid BC driver’s licence, or | * are named in an Autoplan insurance policy, 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. | * 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?=== | ===ICBC denied my claim. Can I appeal?=== | ||
Yes. If you don't agree with an assessment or decision ICBC has made about your claim, you have options for disputing it. | 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. | ||
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{{Dial-A-Law Copyright}} | {{Dial-A-Law Copyright}} | ||
