Did you know...?

The first month after an accident is often the most difficult and confusing. If you are hurt, you need answers to some very important questions:

  • What happens to my car?
  • What do I do for money if I can't work?
  • Who pays the bills for:
    ....- ambulance?
    ....- medications?
    ....- physiotherapy?
    ....- massage therapy?
    ....- specialists?
  • How is fault for the accident determined?

Some of the answers to these questions lie in an understanding of your rights - what you are entitled to immediately and what you are entitled to later on.

When someone is hurt, they have two types of claims:

  1. "No Fault Benefits" - both medical and wage loss ("no fault" means that it does not matter who caused the accident).

    An entitlement to "no fault benefits" means that ICBC is responsible to pay for all your medical needs and part of your wages, to a maximum of $300 per week (if you have worked 6 of the last 12 months prior to the accident).

    ICBC pays these benefits if you are not entitled to receive them from another source (e.g. private disability insurance or sick plan).

    You have a right to have these benefits paid to you immediately.

  2. Damages - i.e. compensation for injuries, loss of earnings and reimbursement of out-of-pocket expenses relating to the injury - but only if the other driver is partially or wholly to blame for your injury.

    This type of claim is commenced by way of a lawsuit and includes:
    ....- Pain and suffering
    - Wage Loss (past and future)
    ....- Medical Needs (current and future)
    ....- Out-of-pocket expenses

    These "damages" are paid when the lawsuit is settled (either before it goes to Court or when the outcome of the lawsuit has been decided by the Court). If there is a dispute about the law that applies to either of these claims, it is ruled on by the Court. If either party to the dispute doesn't like the ruling from the Court, somtimes there is an option to appeal to a higher Court.

    For more information on recent law dealing with the issue of no fault benefits, click here.

We can answer these questions and help you understand your rights and your entitlements.

Please call us for more information.

This feature is not intended as legal advice and should not be considered as such.

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