If you’ve been injured in a car accident, you may be suffering physically — and financially. Recovering from a crash can involve time lost from work, medical bills, and other expenses that can create economic hardship for you and your family.
In Vancouver, you may be entitled to financial compensation, whether or not another motorist caused or contributed to the auto accident. It’s important to work with a qualified ICBC claims lawyer to ensure that your rights are protected and you receive the maximum benefits available to you.
McLarty Wolf has many years of experience assisting Vancouver residents with recovering maximum ICBC and personal injury benefits following motor vehicle accidents. If you’ve suffered injuries and someone else is at fault in a car, pedestrian, bicycle or motorcycle accident, working with experienced lawyers can help you secure the compensation you deserve.
Receiving Compensation After an Accident
Most persons involved in an accident in British Columbia involving the use or operation of a vehicle, whether there are the driver or passenger of a motor vehicle or motorcycle, a pedestrian or a cyclist, are entitled to ‘no fault’ benefits also known as ‘Part 7 benefits’. As their name suggests, these may be benefits are available regardless of who is found at fault for the accident and are available regardless of whether you have paid for an Autoplan insurance policy with ICBC.
The benefits may include limited wage loss benefits of up to $300 per week, medical and rehabilitation benefits and even homemaking benefits. Subject to meeting the necessary qualifications for obtaining benefits, ICBC will pay up to $150,000 of benefits to a person injured in an accident.
These no fault benefits are secondary to any other forms of insurance coverage you might be entitled to including WorksafeBC benefits, employment insurance and short term or long term disability coverage. This means that you must apply for and exhaust your entitlement to those benefits before ICBC is obliged to pay you no fault benefits unless those other benefits provide less than ¾ of your weekly gross lost earnings in which case ICBC will pay the difference so that you receive a maximum of $300 from all sources.
For persons found wholly or largely at fault for an accident, no fault benefits may be all or at least a substantial part of the compensation received as a result of the injuries sustained in the accident.
For persons not at fault for an accident, no fault benefits provide some interim financial payments to assist in paying expenses until their personal injury claim is resolved.
Personal Injury (Tort) Damages
A personal injury claim is based on the common law which states that if someone causes you an injury due to their negligence, that person is liable to pay you compensation for your ‘damages’. The compensation includes money for your pain, suffering and loss of enjoyment of life as well as the financial losses you have sustained as a result of not being able to work, costs incurred for any care you need due to your injuries and out of pocket expenses. Because all owners of motor vehicles are required to have a minimum level of insurance coverage for such claims, the insurer of the owner of the vehicle that caused the accident typically will be required to pay for your damages.
If a loved one dies as a result of injuries sustained in an accident, that person’s spouse and children can also potentially claim damages for their loss. Losses that can be claimed include the value of any income earned by the lost family member that was used to benefit his or her family and the value of the household and other services the lost family member provided.
Consult With Experienced ICBC Claims Lawyers
After an accident, you should focus on getting the care you need and making a full recovery. When you work with McLarty Wolf, you can feel confident that your experienced ICBC lawyer will assist you with receiving the compensation you deserve. For a personal consultation, contact McLarty Wolf.