General Legal Issues
In this section you will learn about a variety of legal issues that are common to ICBC injury claims. You will also get some helpful information about settling your ICBC claim. Further, you will learn about the interplay of an ICBC claim and your disability/ extended health insurer. Finally, you will learn some interesting points about jury trials.
ICBC Defence Tactics
ICBC uses many of the same arguments in cases to try to minimize the amount they pay out in any injury claim. They also use some defense tactics that invade your privacy such as video surveillance, reviewing your social media and even accessing your personal computer. While ICBC almost always stays within the bounds of the law, the law is quite broad in the sense of allowing the defense to pursue many avenues of defence.
The following articles help you understand some of the tactics used by ICBC.
Heads of Damages
In this section, you will learn about the type of claims you can make when another driver causes you injury because of their negligence. These heads of damages are not available if you cause the accident. The various heads of damages are available in more severe injury claims but in minor claims, where full recovery is expected, you are generally only looking at non-pecuniary damages, past wage loss and out-of-pocket expenses. Even then, as of April 1, 2019, the amount of non-pecuniary damages payable is restricted to $5,500, adjusted for inflation, if your injury claim is categorized as a “minor injury”.
ICBC Insurance Breaches
ICBC is required to provide universal motor vehicle insurance for motorists from the Province of British Columbia yet ICBC can and will seek ways to limit claim pay-outs. One way to avoid paying out a claim is to “breach” an at-fault motorist of his/her contract of insurance and not cover a damage claim. If others are injured in the accident, ICBC with then pursue the breached motorist personally for repayment of money ICBC paid out under the third-party claim.
The articles below provide some insight into ICBC’s policy breach practice.