Difference between revisions of "If You're Injured in a Motor Vehicle Accident"

*'''No-fault accident benefits''': everyone in BC who owns a vehicle must buy basic insurance from the [http://www.icbc.com/Pages/default.aspx Insurance Corporation of British Columbia], called ICBC. This insurance pays money, called “accident benefits,” to people hurt in a 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 of this insurance. Generally, these benefits include temporary total disability benefits (disability benefits for lost income up to $300 a week while you are disabled due to your injuries) and medical and rehabilitation benefits.

*'''Damages''': if the accident wasn’t your fault (or only partly your fault), you can get “damages” for your pain and suffering, lost wages (past and future), 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 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.

If you’re injured, see your doctor as soon as possible, as your doctor is in the best position to prescribe treatment, such as medication and physiotherapy. ICBC will then consider funding the cost of that treatment.

You have to report the accident promptly to ICBC. 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.   

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 received no-fault benefits, then the 2-year deadline to sue runs from the date of the last benefit payment (not the accident date).  

If you were under the age of 19 at the time of the accident, the 2-year deadline to sue for damages does not start to run until you turn 19. But if you’re under 19 at the time of the accident, the 2-year deadline to sue for accident benefits still runs from the date of the last benefit payment (it’s not delayed until you turn 19). In some cases, you also have to give notice of your claim sooner (for example, if a municipality is involved, you must give it notice of your claim within 6 months of the accident).

*'''Small Claims Court''': sue in [http://www.provincialcourt.bc.ca/types-of-cases/small-claims-matters Small Claims Court] if you are 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 in [http://www.courts.gov.bc.ca/supreme_court/ BC Supreme Court] if you are seeking more than the $25,000 limit in Small Claims Court. You should have a lawyer in Supreme Court because the procedures are more complicated.

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.   

Lawsuits in Supreme Court don’t usually go to trial because both sides settle the case before trial, but not always. Sometimes, cases go to mediation and an independent person acts as a mediator to help you and the other side reach a settlement agreement.

[updated April 2015]

'''The above was last reviewed for accuracy by Alison Murray and edited by John Blois.'''