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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?
What are the steps in a personal injury case?
What can I be compensated for?

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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.

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What do I need to prove?

To be paid damages for your personal injury, you must prove liability and damages.

Liability means the other driver (or someone other than you) was at fault.  If you are at fault, you may be able to recover some damages from the "no-fault" benefits, but would not be entitled to other damages, such as loss of income, pain and suffering, and so on.  In some cases, you may be only partly to blame, and be entitled to recover a portion of the damages.

You also need to prove what kinds of damages you have suffered, and how much you have lost. You may need to get medical reports, expert reports, accounting projections for lost income, and other kinds of evidence to prove your damages.

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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.

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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.


More questions?

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Legal disclaimer:  The information provided on Lawyers-BC.Com is not intended to be legal advice, but merely conveys general information related to legal issues commonly encountered. Your access to and use of this Web site is subject to additional terms and conditions.

see also lising of Vancouver Personal Injury Lawyers Listings

This page last updated: August 31, 1999 - Aug. 2003
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