They know how the system works... do you?

The answer below is based on material in the Auto Accident Survivor's Guide for BC.   A more complete discussion of this topic is in the book. See Table of Contents and Book Index for topics covered in the book.

I was partially at fault in my accident. Am I entitled to accident benefits and compensation from ICBC if I was injured?

Most people injured in auto accidents in BC are entitled to no-fault accident benefits. Regardless of fault, you’re entitled to up to $150,000 in reasonable medical, rehabilitation and related expenses. (Certain conditions may apply.) If you weren’t solely at fault, you can also initiate a tort claim for damages against a driver whose negligence has contributed to the harm you’ve suffered. You may have to go to court to determine the degree to which you were at fault.

Determining percentages of liability can be complicated. Talk to a lawyer about this as soon as you can, especially if you were seriously injured or have on-going problems. The money you’re awarded in court - or you agree to accept as a settlement - will be reduced by the same percentage as you’re judged to have been at fault.

When discussing a settlement offer with your adjuster, be sure to ask if his offer is what you’ll actually be paid or if this amount will reduced by the percentage you were at fault - or by no-fault accident benefits you’ve received, or may receive in the future.

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Your ONLY source for unbiased and independent advice about an ICBC auto accident injury claim

Auto Accident Survivor's Guide for British Columbia

Your adjuster may insist you were at fault in your accident to discourage you from filing a claim for damages.

Unless you were solely at fault, you may be entitled to compensation for your injuries.

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The money you’re awarded in court - or you agree to accept as a settlement - will be reduced by the same percentage as you’re judged to have been at fault.

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