Very practical tips and legal advice specific to your injury claim will only come from a personal injury lawyer you have hired to represent you. I am a personal injury lawyer working for the injured, I don’t work for ICBC or other insurance companies and since 1995 I have filed countless claims with ICBC on behalf of my clients.
The Insurance Corporation of British Columbia (“ICBC”) is an insurer in many different capacities and this article will focus on whether ICBC is your insurer after you have been injured in a car accident in British Columbia.
As a general rule, when injured in a car accident on a roadway in British Columbia you will have at least two arising personal injury claims. First is a claim against the driver that is at fault for the collision. If the other driver and vehicle are from BC then they should have third party liability coverage through ICBC. In this claim ICBC is not your insurance company and is defending the other driver. If you are 100% at fault you cannot sue yourself and you will have no third party liability coverage.
The second claim is against ICBC for accident , or “no fault”, benefits. In order the qualify for these benefits, and be considered an insured, you must be :
– A person named as an owner in an owner’s certificate,
– A member of the household of a person named in an owner’s certificate,
– An insured as defined in section 42 who is not in default of premium payable under section 45,
– A member of the household of an insured,
– An occupant of a vehicle that
(i) is licensed in the Province and is not exempted under section 43 or 44 of the Act, or
(ii) is not required to be licensed in the Province, but is operated by a person named in a driver’s certificate,
– A cyclist or pedestrian who collides with a vehicle described in an owner’s certificate, or
-A resident of the Province who is entitled to bring an action for injury or death under section 20 or 24 of the Act,and includes the personal representative of a deceased insured.
There are exceptions and exclusions that I have not addressed in this article that can affect whether you are covered by ICBC.
So, when you make a claim with ICBC for accident injury benefits, and your claim is accepted ICBC is truly acting as your insurance company for the purpose of those benefits. In this capacity ICBC will owe you a duty to properly investigate your claim and explain to you what benefits are available as a result of your injury. If ICBC is not fulfilling their duty as your insurer you can bring a claim of bad faith against ICBC. I would suggest talking to a lawyer for a free legal consultation before filing your lawsuit.
Posted by Vancouver Personal Injury Lawyer Mr. Renn A. Holness, B.A. LL.B.
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