If you are injured in a crash and another driver is partly or totally at fault, you could claim settlement payments because every registered owner in B.C. must also have a minimum of $200,000 Third Party Liability coverage.
The minimum of $200,000 Third Party Liability insurance from ICBC and extra coverage are intended to provide settlement payments to restore your position before the crash. If the other motorist is at fault for a crash in which you were injured, that driver's Third Party Liability coverage pays for your claim — up to the limit of coverage.
Find answers to questions about settlement payments.
For you to receive settlement payments, the other driver must have been found at least partly at fault for the crash in which you were injured. The other registered owner’s Third Party liability coverage pays for the settlement payments.
Exceptions: Some exceptions to this may apply if your crash occurs outside of B.C. or if an at-fault motorist is from out of province.
If your crash happened outside B.C., local laws may restrict any claim you make against the other, at fault motorist.
When a driver is found to be at fault, but the registered owner’s policy does not have enough insurance to cover injury or damages caused by the crash, additional coverage is available under the ICBC Underinsured Motorist Protection (UMP).
Amounts awarded for these damages vary widely, depending upon the unique circumstances of each case. No amount of money can replace your enjoyment of life or eliminate physical pain. But for the worst possible injuries, the Supreme Court of Canada has set an upper limit of about $260,000 (in 2001 dollars) on pain-and-suffering payments.
If you were unable to work after your crash, either as an employee or a self-employed person, you can claim for past net wage loss. The amount you claim is equal to the amount you would normally have earned from the time when you were disabled by your crash until you are able to work again, less tax and employment insurance premiums.
To claim for past net wage loss, you need to give your adjuster documents that show where you were working and how much you earned. Depending on your situation, these could include pay stubs, receipts, tax returns or financial statements. ICBC's position is to pay net wage loss, less expenses directly related to your employment.
If you were permanently injured in a crash, your ability to earn money in the future may be affected. You may:
Generally, if your injury affects your ability to earn money in the future, you may be entitled to loss of future earning capacity.
This is not just a mathematical calculation, but includes everything that might have happened if the crash had not occurred — including the possibility that you might not have been able to work for other reasons, or might have chosen not to work for certain time periods.
You are entitled to claim for a variety of out-of-pocket expenses as a result of your crash. Ask your adjuster to find out what expenses can be reimbursed.
Important! Make sure you keep all receipts. Some of these special damages may exceed the limits of Accident Benefits coverage. Find out more about Accident Benefits.
You may claim for the costs of care you need after the crash, including the care you will need in the future. These may include payments for:
Important! Make sure you keep receipts for all the care you receive to claim under settlement payments.
In addition to settlement payments under the liable registered owner’s coverage, you are also entitled to Accident Benefits for medical costs and disability, regardless of who is at fault. Find out more about Accident Benefits.