As of May 1, 2021 (motor vehicle accidents that occur on or after this date in BC), injury claims are subject to ICBC’s new no fault auto insurance scheme. This means that if you are injured as a result of a motor vehicle accident on or after May 1, 2021 regardless of fault, you are only entitled to benefits under ICBC’s new enhanced care system. Under this new system, anyone involved in a motor vehicle accident, whether or not they caused the accident, is entitled to the same benefits. There is no right to compensation for damages such as pain and suffering and there is no right to sue. If you have been seriously injured, there may be a right to limited compensation but there is largely an inability to fight with ICBC on what those should be. Therefore, we are unable to assist those injured in motor vehicle accidents in BC on or after May 1, 2021.
There is a right to sue for compensation (certain damages only), in the rare event that a responsible party is charged and convicted of a prescribed offence such as drinking and driving. However, in this instance, the responsible party will not be defended by ICBC and must be pursued personally.
Injury claims for motor vehicle accidents between April 1, 2019 and April 30, 2021, are subject to the Minor Injury Caps.
We may still able to assist with certain types of motor vehicle accident claims:
- You were a injured as a minor (under the age of 19) at a time of a collision that occurred before May 1, 2021 and have yet to attain the age of 21; or
- You have an existing injury claim with another lawyer from before May 1, 2021 and wish to obtain new counsel;