How British Columbians receive compensation, treatment and benefits after being involved in a motor vehicle accident changed substantially in 2021. The BC government introduced a “no fault” program alongside “Enhanced Accident Benefits” that are administered by ICBC and apply to all accidents after May 1, 2021.

Every week we receive calls from individuals who have been in a motor vehicle accident and don’t know where to turn. With the new system, there are few lawyers who take on personal injury cases involving motor vehicle accidents and we know it can be difficult to find resources. We created this page to answer frequently asked questions to provide accident victims with some basic guidance and support without charging you.

I was recently injured in a car accident in BC: What should I do?

You should report the accident to ICBC as soon as possible following the crash. You can report the claim by telephone at 604.520.8222 (Lower Mainland) or 1.800.910.422 (rest of BC, Canada and USA) or you can report the claim online here: https://www.icbc.com/claims/report-view/Report-a-claim-online.

The basic limitation period in BC means that you need to file a claim within two years of the accident meaning you are out of time if your accident was prior to April 1, 2022 unless you were under the age of 19 at the time of the accident, in which case you have until two years after you turn 19.

If your accident occurred prior to May 1, 2021, you were under the age of 19 at the time of the accident and have not yet turned 21, you likely fall under the old system. If this describes your case, please contact our personal injury department at 604.853.0774.

The accident was not my fault: Can I sue the other driver for my injuries and losses?

No, generally speaking, due to legislative changes, you may no longer sue an “at-fault” driver for injuries and losses from car accidents which occurred after May 1, 2021. Only in circumstances where an at-fault driver is convicted of certain criminal offences under the Criminal Code of Canada, may you be able to sue for your pain and suffering arising out of a motor vehicle accident in BC. If you believe this to be the case, please contact our personal injury department at 604-853-0774.

What benefits am I entitled to receive from ICBC should I be injured in a motor vehicle accident in British Columbia after May 1, 2021?

You are entitled to benefits under ICBC’s Enhanced Accidents Benefits. You are entitled to these benefits whether or not the accident was your fault.

These benefits include medical and personal expenses, including the cost of medication, treatment and mileage to/from treatment. Note you have 180 days from date an expense is incurred to submit proof to ICBC for reimbursement.

If you are unable to work for more than seven days following your accident, generally speaking, you are entitled to 90% of your net income based on a maximum yearly insurable income amount. As of April 1, 2023, this maximum amount is $109,000 (unless you have purchased optional coverage for Income Top-Up from ICBC or hold separate income replacement benefits through your employer or other insurance). There is a one week waiting period.

You are entitled to the income replacement benefit if you were working full-time, part-time or on a temporary basis at the time of the accident. You also may be entitled to this benefit if you were not working at the time of the accident but had secure employment that you have to delay starting or are no longer able to do due to your injuries. If you reach retirement age, you may be entitled to a retirement income benefit.

Other benefits include personal care assistance should you be unable to care for yourself or require assistance to perform basic household tasks.

ICBC’s Guide to Enhanced Accident Benefits can be found here: Your Guide to Enhanced Accident Benefits – English (ctfassets.net).

If your injuries are serious, you may be entitled to benefits for permanent impairment, catastrophic injury and rehabilitation.  If this describes you, please contact our personal injury department at 604.853.0774.

A family member was recently involved in a car accident and was killed: What compensation is available?

Family members fatally injured in a car accident in BC, including spouses, common-law partners and dependents are eligible for lump sum payments. Additional benefits including funeral expenses and grief counselling may also be payable. The ICBC Support Guide for Fatality Claims can be found here:  https://assets.ctfassets.net/nnc41duedoho/4N32tAxQPAhzuGqWfitrvp/87fcadbf0032762eebce8705dfb50f17/your-support-guide-fatality-claims.pdf

ICBC is not paying the benefits I think I am entitled to under the ENhanceD Accident Benefits: What Options are Available to Me?

You can escalate your concerns to your adjuster’s manager. If the issue remains unsolved, you can contact the ICBC Fair Practices Office here: https://www.icbc.com/about-icbc/contact-us/Raising-your-complaints.

If you are still unable to resolve your issues, you can apply to the Civil Resolution Tribunal for a decision here: https://civilresolutionbc.ca/.

It is important that you make yourself aware of any limitation date which may apply to your situation. If you do not file a claim within the time period allowed, you may be barred from pursuing the claim entirely.

ICBC says I am 50% at-fault for an accident and I don’t agree: What options are available to me?

If you have received notification of responsibility from ICBC and don’t agree with their assessment of fault, you can ask for a secondary review by emailing responsibility.review@icbc.com​.

You must submit your request for a secondary review within 90 days of the date of​ your notification of responsibility.  Should you be unable to resolve your issue through this process, you can apply to the Civil Resolution Tribunal for a decision here:  https://civilresolutionbc.ca/. You must complete the secondary review process prior to applying to  the Civil Resolution Tribunal to decide the issue.

Next Steps

You are able to deal directly with ICBC and the Civil Resolution Tribunal (CRT). The CRT in particular was designed to be less formal so that it is more accessible to individuals who are representing themselves. If you find yourself in need of additional legal advice or assurance in navigating the process, we are happy to help. Please contact our Personal Injury Team at 604.853.0774.

Please note that while in the past it was common for lawyers to be retained on “contingency” for matters involving ICBC (meaning the law firm agrees to receive a portion of the award for damages in exchange for services), this now only applies in exceptional circumstances. Our procedure now is that we typically start with an Initial Consultation and then would proceed being retained on an hourly basis.

More information about Initial Consults can be found here: https://rdmlawyers.com/insights/fees/litigation-consults-faq/

More information about hourly billing can be found here: https://rdmlawyers.com/insights/fees/hourly-rates-and-litigation-how-much-is-this-going-to-cost-me/

More information about contingency fee agreements can be found here: https://rdmlawyers.com/insights/fees/contingency-fees-and-litigation-how-much-is-this-going-to-cost-me/