Injury Claims When the Other Driver Does Not Have Insurance

ICBC’s Basic Autoplan

In the Province of British Columbia, law requires that all drivers maintain valid automobile insurance. This mandatory insurance provided by ICBC, also known as Basic Autoplan, is the bare minimum required – though drivers may wish to purchase additional coverage to supplement this basic plan.

There are two broad categories of coverage provided by ICBC. These are known as No-fault benefits and third-party liability coverage:

No-Fault Benefits

Under the basic Autoplan insurance coverage provided by ICBC, drivers in British Columbia are entitled to no-fault benefits. This falls under Part 7 of the insurance (vehicle) act and applicable regulations -- meaning that no-fault benefits are available to those insured drivers regardless of who was at fault during the accident.

These benefits include:

  • Death and/or funeral benefits
  • Medical and rehabilitation benefits (up to $300,000 for accidents on or after Jan 1, 2018.)
  • For those who become completely disabled resulting from an accident, up to $300 per week is paid out for the employed.
  • Up to $145 per week for unemployed persons who become substantially and continuously disabled resulting from an accident.

It is important to note that you are entitled to no-fault benefits even if the motor vehicle accident you are involved in is your fault, regardless if the other driver is insured or not. If the other driver is underinsured or unidentified, you are also entitled to no-fault benefits. It is important to seek advice from your lawyer to ensure that you comply with reporting and notice requirements.

Third Party Liability Coverage

BC drivers are entitled to a minimum of $200,000 in third party liability coverage under basic Autoplan insurance. Third party liability covers a person’s injuries and any property damage if the other driver was at fault in a motor vehicle accident. Third party liability coverage also applies to vehicle accidents where the other driver is either uninsured or underinsured.

Hit-and-Run Accidents

There are several important steps to be taken under the insurance (vehicle) act in order to prove that the accident happened. ICBC requires proof that you have attempted all possible measures in identifying a hit-and-run driver – such as posting flyers near the accident scene, have published notices in local newspapers or classified sites seeking witnesses and reported the accident to the police -- complying with any on-going investigations.

ICBC requires that you provide them with written notice about the motor vehicle accident no more than 6 months after the hit-and-run accident happened.

The Other Driver is Uninsured, Underinsured or Unknown

It is advised that you provide ICBC with written notice as soon as possible if you can identify the driver that caused your accident – ICBC may negotiate with you to settle the claim, or proceed to trial in lieu of the underinsured or uninsured driver. Compensation may include:

  • Pain and suffering
  • Past and future medical expenses
  • Wage loss
  • Loss in ability to earn future income
  • Loss of housekeeping ability damages

Any claim over $200,000 is complex and requires that the injured party prove that they made attempts to collect compensation from the at-fault driver. You can proceed in arbitration for payment from ICBC under underinsured motorist protection (UMP) if you can prove that the at-fault driver is unable to pay the amount even after going to trial.

Hurt In An Accident? Tim Louis Law Can Help

Tim Louis and his compassionate and talented legal team can give you the solid, trusted advice you need and can deal with ICBC on your behalf. If you or your loved one has been injured in a motor vehicle accident in Metro Vancouver and would like to consult with our legal team who will do everything they possibly can to get you the personal injury settlement you deserve, contact us today for a free consultation at 604-732-7678 or email timlouis@timlouislaw.com.

sources:

http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/447_83_07#part7

http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_96231_01#section20

https://www.icbc.com/autoplan/basic/Pages/default.aspx