Script 188 gives general information only, not legal advice. If you have a legal problem or need legal advice, you should speak to a lawyer. For the name of a lawyer to consult, call Lawyer Referral at 604.687.3221 in the lower mainland or 1.800.663.1919 elsewhere in British Columbia.

This script describes making a personal injury claim, going to court, and dealing with the Insurance Corporation of British Columbia, called ICBC.

Accident victims may be entitled to compensation
If you’re hurt in a motor vehicle accident, you may be able to receive two types of compensation:

1. No-Fault Accident Benefits:  Everyone in BC who owns a vehicle must buy basic insurance from the Insurance Corporation of British Columbia, or ICBC. This insurance pays money, called “accident benefits,” to people injured 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 (i.e., wage loss to a maximum of $300 per week while you are disabled due to your injuries) and medical and rehabilitation benefits.
2. Damages:  If the accident wasn’t your fault (or only partly your fault), you also have the right to “damages” for your pain and suffering, lost past and future wages, future care, out-of-pocket expenses and other losses. This is called a “tort” claim. These damages aim to to put an injured person, who didn’t cause the accident, in the same position they would have been in had the accident not happened (as far as money can do this).

How do you make a claim?
You make a claim for accident benefits and/or damages through ICBC. Report the accident by calling ICBC’s Dial-A-Claim at 604.520.8222 within the lower mainland or 1.800.910.4222 elsewhere in BC. An ICBC adjuster will then meet with you. The adjuster will investigate the accident and decide who caused it. The adjuster will also review your medical information and expenses, so keep all your receipts.

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

Report the accident promptly
You have to report it within 30 days after the accident. 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. Generally, you’ll be asked to provide a statement to ICBC about the accident circumstances and details of your injury.

When must you submit your claim for no-fault accident benefits?
To claim accident benefits, you must submit a completed accident benefits claim form to ICBC within 90 days after the accident. If you’re entitled to accident benefits, you should start to receive payments soon after that.

What about getting damages?
If someone else was fully or partly to blame for the accident – meaning you’re entitled to tort damages – 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. You won’t be able to make any further claims later, and you’ll have to sign a “full and final release of all claims” before receiving the settlement money.

What if you disagree with ICBC?
If you don’t agree with ICBC’s offer or its decision about who is at fault, or if you don’t know if the offer is fair, you can see a lawyer for advice. If you or your lawyer can’t reach an agreement with ICBC, you may sue in court. ICBC has a “Fairness Process” that you can also use if you’re not satisfied.

There are three situations where you may have to sue in court

1. Refusal to pay accident benefits:  If ICBC refuses to pay any accident benefits, or it pays less than you think is fair, you can see a lawyer for legal advice. If you decide to sue, you have to start your lawsuit within 2 years after the accident (or within 2 years from the date of the last no-fault benefits payment, if you received some benefits).
2. Decision that you’re at fault:  ICBC may decide that you’re totally or partly at fault for the accident. To claim damages or compensation for your injuries in addition to no-fault accident benefits, you would have to sue the owner and driver of the other vehicle in the accident. This must usually be done within 2 years of the date of the accident, but in some cases, the deadline is much sooner.
3. Refusal to pay damages:  ICBC may not want to pay as much damages as you think you should get for your pain and suffering, wage loss, business loss or other losses. This may happen even though ICBC decides that you were not at fault. In this case, you’d have to start a lawsuit within 2 years of the accident.

 Where do you sue?

1. Small Claims Court:  Sue in Small Claims Court if you are suing for $25,000 or less. You don’t need a lawyer in Small Claims Court, but you can have one. Check scripts 165 to 169 on Small Claims Court.
2. Supreme Court:  Sue in BC Supreme Court if you are seeking more than the $25,000 limit in Small Claims Court. You should have a lawyer if you choose Supreme Court because the procedures are more complicated.

How much will it cost?
If you’re suing for damages, you have to pay your own lawyer. 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 or resolve the matter before trial, but this isn’t always the case. Sometimes, cases go to mediation and an independent, unbiased person acts as a mediator to help you and the other side reach a settlement agreement.

Can ICBC sue you?
Yes, ICBC can sue you in some cases. For example, if you drive while drunk and cause an accident that injures a person, that person may sue you. ICBC can pay the injured person and then demand that you pay it back. The various situations in which ICBC can collect that money from you are quite complex. So if you’re involved in such a situation, you should get legal advice.

Caution
You should consult a lawyer before you proceed with a personal injury claim. It’s critical that you know all your rights and are prepared. Insurance companies, however fair, are in a conflict of interest about what to do with your claim.

Summary
If you’re injured in a motor vehicle accident, you can claim accident benefits from ICBC. If the accident wasn’t your fault, you can also claim damages for pain and suffering and other losses. The ICBC adjuster can settle your claim if you agree. Because that agreement will be binding, you may want to see a lawyer before you agree to a settlement to find out if the offer is fair. If you can’t agree on the value of your claim, or who is responsible for the accident, a lawsuit and a trial may be necessary. There are strict time limits for when different lawsuits must be started, and if you miss the time limit, you lose your right to sue. So you should see a lawyer as soon as possible after an accident for legal advice.

Where can you find more information?

• For more information on accident benefits and damages for accident victims, refer to script 185 on “Insurance Benefits and Compensation for Accident Victims.”
• See the ICBC website at www.icbc.com.

[updated August 2010]

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