You are not entitled to a personal injury claim if you are at fault for the accident
A personal injury claim is simply a way of describing any ICBC claim where you have a right to compensation because of an injury caused by an at-fault motorist. You are not entitled to a personal injury claim if you are at fault for the accident.
Because of your injuries, several heads of damages may be available to you, depending on the seriousness of your injuries. The heads of damage that may be available include:
- Non-pecuniary damages (pain and suffering);
- Past wage loss;
- Future loss of capacity/opportunity;
- Out-of-pocket expenses;
- Future care;
- Loss of Housekeeping Services;
- Loss of Marriageability
- Tax gross-up;
- Management fees;
- Court order interest; and
- Legal Costs and disbursements (i.e. legal expenses to pursue the claim)
For a detailed discussion on each head of damage that may be available to you, please refer to the Heads of Damages section of this book.
In summary, only individuals that have suffered injury from an at-fault motorist are entitled to a personal injury claim against ICBC. If you are at-fault for the accident, you are only potentially entitled to payment of disability benefits and medical and rehabilitation expenses under Part VII.