Claims
If you want to take legal action
You always have the right to retain a lawyer for your claim.
Your right to a lawyer
As of May 1, 2021, it’s not possible to sue for compensation under the Enhanced Care insurance model except in limited circumstances, but a lawyer can advise you during the ICBC claims process and with other legal matters.
With Enhanced Care, anyone living in British Columbia who is injured in a crash is eligible for Enhanced Accident Benefits. ICBC still determines crash responsibility and drivers responsible for crashes are still held accountable, but fault doesn’t impact the care you receive if you’re injured.
Exceptions where you can still take legal action
Enhanced Care does not allow most lawsuits as of May 1, 2021. However, there are still rare situations where it’s possible to sue for compensation. For example, if you’re injured in a crash and the at-fault driver is convicted of certain Criminal Code offences, such as impaired driving, you can still sue the other party in a civil claim for certain damages.
Filing disputes with the Civil Resolution Tribunal
If you have a dispute with ICBC or another person or organization, you have the option to file it with the BC Civil Resolution Tribunal (CRT). The CRT is independent from ICBC and helps B.C. residents resolve disputes without needing to go to court.
For example, if you think we made a mistake with the responsibility assessment of your crash, you can file a dispute with the CRT. If the CRT makes a ruling that changes our earlier decision, we will adjust it to match the ruling.
The Civil Resolution Tribunal can look at disputes about:
Entitlement to benefits
Property or vehicle damage
Some personal injury damages
Some responsibility assessments
How injuries were classified (as minor or non-minor)
And more
