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Insurance Benefits for Accident Victims (view source)
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Being involved in a motor vehicle accident can have a serious impact on your health, as well as your wallet. Insurance benefits and compensation can help ease the financial burden. | Being involved in a motor vehicle accident can have a serious impact on your health, as well as your wallet. Insurance benefits and compensation can help ease the financial burden. | ||
=Understand your legal rights= | ==Understand your legal rights== | ||
==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. | ||
==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. | ||
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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. | ||
==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 you’re prohibited from driving | ||
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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. | ||
==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. | ||
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 '''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, the [http://canlii.ca/t/844h 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, the [http://canlii.ca/t/844h 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 (Script 188)|making a personal injury claim (no. 188)]]. | For more details, see our information on [[Making a Personal Injury Claim (Script 188)|making a personal injury claim (no. 188)]]. | ||
==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 paid to you from any damages (or compensation) you receive arising from someone’s negligence. On the other hand, Employment Insurance benefits and private disability benefits are not normally subtracted from injury damage awards, except in hit-and-run cases and some other situations. | You cannot collect twice for the same loss. Accordingly, ICBC will subtract the accident benefits paid to you from any damages (or compensation) you receive arising from someone’s negligence. On the other hand, Employment Insurance benefits and private disability benefits are not normally subtracted from injury damage awards, except in hit-and-run cases and some other situations. | ||
=Common questions= | ==Common questions== | ||
==Should I buy extra insurance coverage?== | ===Should I buy extra insurance coverage?=== | ||
With Basic Autoplan insurance, if you injure someone in an accident, your third party liability coverage will pay their claim up to $200,000. If someone you injure is awarded more than that amount, you may have to pay the rest out of your own pocket. That can lead to financial ruin. It’s a good idea to buy more insurance — for both third party liability and underinsured motorist protection. | With Basic Autoplan insurance, if you injure someone in an accident, your third party liability coverage will pay their claim up to $200,000. If someone you injure is awarded more than that amount, you may have to pay the rest out of your own pocket. That can lead to financial ruin. It’s a good idea to buy more insurance — for both third party liability and underinsured motorist protection. | ||
==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. See the [https://www.icbc.com/brochures/Pages/injured-in-crash.aspx 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. See the [https://www.icbc.com/brochures/Pages/injured-in-crash.aspx 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). | ||
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==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 | *are named in an Autoplan insurance policy, or | ||
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*are a member of the household of a person who is named in an Autoplan policy or has a valid BC driver’s licence. | *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. You can [http://www.icbc.com/claims/feedback/Pages/default.aspx appeal] ICBC’s decision to [http://www.icbc.com/claims/feedback/Pages/Appeal-a-denied-claim.aspx deny your claim] and its decisions on [http://www.icbc.com/claims/feedback/Pages/Your-settlement-offer.aspx how much to offer you], [http://www.icbc.com/claims/feedback/AppealFault/Pages/default.aspx who is at fault], and [http://www.icbc.com/claims/feedback/Pages/Appeal-how-you-were-treated.aspx how to handle your claim]. | Yes. You can [http://www.icbc.com/claims/feedback/Pages/default.aspx appeal] ICBC’s decision to [http://www.icbc.com/claims/feedback/Pages/Appeal-a-denied-claim.aspx deny your claim] and its decisions on [http://www.icbc.com/claims/feedback/Pages/Your-settlement-offer.aspx how much to offer you], [http://www.icbc.com/claims/feedback/AppealFault/Pages/default.aspx who is at fault], and [http://www.icbc.com/claims/feedback/Pages/Appeal-how-you-were-treated.aspx how to handle your claim]. | ||