About Personal Injury Law
&
ICBC MVA Claims-Disputes in BC

When someone hurts you, you often have to sue to get the person to acknowledge his fault, and pay up.  If you suffer harm to your body (instead of just to your property), lawyers call this "personal injury law."  Motor vehicle accident cases are the most common form of personal injury law in B.C.

ICBC is an insurance company which provides basic coverage for all B.C. drivers.  The less ICBC pays out to settle a claim, the more money it saves.  This gives its adjusters an incentive to minimize how much they pay you.

• Who is covered by basic ICBC insurance?
  
• What do I need to prove?
  
• As of April 01, 2019 ICBC starts putting "caps" (limits) on what it determines as "minor injuries".  www.hom-law.com/resources/icbc-claims/icbc-caps/ read a explanation of these caps and their impact on injured parties and on certain graoups of health care professional often involved in treatment of these injuries. go to
  
• What are the steps in a personal injury case?
  
• What can I be compensated for?

Who is covered by basic ICBC insurance?

Basic ICBC insurance covers anyone injured by a collision with a motor vehicle:  drivers, passengers, cyclists, and pedestrians. ICBC is intended as a universal insurer.  It must pay out, even if a driver has no insurance at all or cannot be found.  However, claimants must sue ICBC to collect.

see also - article on motorbike insurance  If you own a motorbike, you have insurance on that bike.  ICBC requires us to have the insurance in order to have plates on the bike.  However, most of us don’t understand the insurance that we have, nor do we understand whether what we have is enough or too much. read more about motorbike insurance

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What are the steps in a personal injury case?

These are the typical steps in a personal injury case involving ICBC:

1. Report the accident to the police and ICBC.
2. Before meeting with a claims adjuster, meet with a lawyer.
3. Meet with the adjuster.
4. Begin negotiations with ICBC.
5. Have a lawyer assess your case, and decide whether to settle or file a lawsuit.
6. Set a trial date.
7. Begin pre-trial examinations and exchange of documents.
8. Continue to trial (although more than 90 per cent of cases are settled before trial)
9. Appeal an unfavourable decision, if appropriate.

See the article "The Steps in a Personal Injury Case" for more information on each step.

See also - SURVIVORS GUIDE TO ICBC:  Understanding the basic procedures, rights and obligations when dealing with ICBC at BCpersonalinjury.org by: Rose Keith, BA JD Personal Injury Lawyer, Vancouver, BC

What can I be compensated for?

There are two broad categories of losses:  monetary and non-monetary.  Monetary damages are awarded for losses with a dollar value, such as future earnings or medical bills.   Non-monetary damages cover intangible losses, such as pain and suffering.

Special compensation is also available for the estate and family of people who are wrongfully killed.  In some cases, a court may also award "aggravated" or "exemplary" damages to punish someone.

The article "Types of Personal Injury Damages" has more details about this area.

How will I be compensated?

• See article by Bruce Lemer on How will I be compenstated? at www.brucelemer.com/icbc-motor-vehicle-accidents/how-will-i-be-compensated

Reference information

• See article by Rose Keith on The history of ICBC at www.rosekeith.bc.ca/guides-to-icbc/guides-to-icbc-2/history-of-icbc