ICBC TIP OF THE MONTH
I am often asked the question: "Do I have an ICBC case when I'm at fault?"
Short Answer: No.
Long Answer: It depends on what you are talking about, so I will break the discussion into a few categories. The real question is whether you are seeking compensation for someone else's negligence:
1) If you caused a motor vehicle accident, and are considered to be 100% at fault, then you are the cause of your own injuries. You cannot claim compensation for causing your own injuries. The funny example I give is that if the opposite were true, people would be slamming their cars into trees and lamp posts and claiming compensation.
2) If there is a split in fault, for example 50/50 or 75/25 (allocation of responsibility), then it follows that your compensation would be reduced by the percentage of fault attributable to you. For example, if a judge were to decide your injuries and damages were assessed at $100,000, but you were 50% at fault for the collision, then your final award would be $50,000.
3) No Fault Benefits (also known as part 7 benefits). This is a topic for another blog post for a future date. Here is a link to the act that guides us: Part 7 Benefits. In a nut shell, if you have valid coverage and are considered to be at fault for the collision, then you may be entitled to certain basic benefits for disability, rehabilitation, homemaker and death benefits in the event of death.
No fault benefits are available, regardless of fault, if you are determined to be eligible for those benefits. In a very basic situation, if you caused an accident and have some injuries requiring physiotherapy, chiropractic care, or massage - then some nominal coverage may be available to you. If there are complex injuries, requiring home care and/or disability benefits, there may also be some coverage available. This "coverage" is not compensation for injuries, it is akin to some basic health benefits.
ICBC Claims are complicated and can cause confusion. If you have any questions or concerns about your situation, always consult an experienced ICBC Claims Lawyer. Book a free consultation and get answers.
Perminder S. Tung
Partner - Lindsay Kenney LLP
604-888-5811 or ptung@lklaw.ca
Do you have questions about your ICBC personal injury claim or accident? If so, click here arrange your free consultation with ICBC Claims Lawyer Perminder S. Tung (Services provided for ICBC injury claims throughout all of BC: Vancouver, Surrey, Langley, Burnaby, Richmond, Abbotsford, Chilliwack, Tri-city area and all over BC)
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