ICBC may still be involved but the claim is more complicated
If you are a pedestrian or cyclist who is struck by an at-fault motorist, you have an ICBC claim even though you are not a passenger or driver of a motor vehicle. This claim would be a straight forward personal injury claim.
If you are a passenger or driver of a motor vehicle and are injured in an accident, which is caused by a pedestrian or cyclist, ICBC may still be involved but the claim is more complicated. In these types of accidents, ICBC would be involved in the payment of Part VII benefits as well as in compensating you for your injuries suffered in the accident. Often, pedestrians or cyclists may not have other insurance or personal assets to cover a potential injury claim when it is the pedestrian or cyclist’s fault.
In situations where the pedestrian or cyclist does not have any insurance coverage or personal assets to cover the loss then ICBC would be involved under the uninsured and underinsured motorist provisions (“UMP coverage”). For a full review of UMP coverage, please review the section on UMP.
In summary, motor vehicle accidents involving pedestrians and cyclists often become an ICBC issue.