Legal Information

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.

 

When to Settle Your ICBC Claim

Non-ICBC Disability Benefits and your ICBC Claim

Using your Extended Health Coverage

WorkSafe Subrogation Rights

Structured Settlements

Jury Bias- A Rare Look into the Deliberating Room of a British Columbia Jury

Borrowing on Your ICBC Claim

Tax implications of the Settlement

 

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.

 

Pre-Accident Injuries/ Health Issues

ICBC Medical Assessments

What Does ICBC Pay the Doctors They Hire?

Injuries after the Motor Vehicle Accident (Intervening Events)

Video Surveillance

ICBC’s Use of Investigators to Interview Witnesses

Failure to Mitigate

Malingering

How Social Media Can Hurt Your ICBC Claim

 

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”.

 

Non-pecuniary Damages

Past Wage Loss Claim

Future Loss of Capacity Claim

Out-of-Pocket Expenses (Special Damages)

Future Care Awards

Loss of Housekeeping Services

Loss of Marriageability

Tax Gross Up and Management Fees

Costs and Disbursements

 

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.

 

When ICBC Denies Insurance Coverage for Impaired Driving

Principal Operator Breach

Insurance Rating Breach

What Happens after a Breach?

Suing ICBC for Insurance Coverage

Third Party Notice