What Losses Can Someone With An ICBC Claim Recover?
The type of claim that has been presented by any driver in British Columbia, following involvement in a car accident determines the losses recoverable by that same driver. Such a driver could have the ability to make one of 2 possible claims. That would be the case, if the same driver had not been found “at-fault” for the claimed accident.
Losses recoverable if driver has entered a tort claim
Money for the losses will get covered by the insurance company of the responsible driver. Those covered get compensated for pain and suffering, for loss of enjoyment of life, for the cost of future care, for out-of-pocket expenses, for wages lost in the past and for any loss of future earnings.
Losses recoverable by those that enter a Part 7 claim
The money paid out by ICBC as Part 7 benefits falls under the heading of no-fault benefits. That money gets paid to anyone that has been involved in an accident while on the road in British Columbia. The person that has become involved in such an accident does not have to be driving on the road.
In other words, the Part 7 benefits could go to a pedestrian that has been hit by a car that was insured in BC. By the same token, such benefits could go to a rider on a bike that has collided with an automobile that was insured in BC. By the same token, a Part 7 benefit could go to a passenger in a car that was damaged during an accident, one that took place in British Columbia.
Still, that does not mean that only residents of British Columbia can request Part 7 benefits. Such a request could come from a driver that lives in another province, or even another country. That same driver would be eligible for a Part 7 benefit, if he or she had collided with a vehicle that was insured in British Columbia.
Any of those eligible for the Part 7 benefits could anticipate being compensated for medical and rehabilitation expenses. The lawmakers in BC have capped the size of that compensation package at $150,000. Still, those eligible for the Part 7 benefits can expect more that compensation for medical and rehabilitation expenses.
Those that have been involved in an accident frequently need to take time off from work. Consequently, their loss concerns their lost wages. In addition, each of them should get homemaker benefits and, where applicable, death benefits.
Suppose ICBC refuses to cover one or more losses?
In that case, the person that has been denied benefits should take action against ICBC. That action must be filed within 2 years of the damaging accident, with the help of ICBC Lawyers in Abbotsford.