Understanding how ICBC claims work can help you ensure that you are getting a fair settlement offer. At Linley Welwood, they know that hiring a lawyer to help with your ICBC claim can make all the difference. That is why their team of car accident lawyers are trained and experienced in handling all kinds of ICBC claims.
Types of ICBC Claims
The type of ICBC claim that you choose to file can have a big impact on how much compensation you are awarded. The two types of ICBC claims that can be pursued by someone who has been injured in a car accident are:
No-Fault Claims
No-fault claims, also known as Part 7 claims, are paid through the basic accident coverage that is mandatory for nearly all drivers in BC. No-fault claims can be used to help pay for medical expenses and rehabilitation costs and can also be used to cover damage caused to passengers, cyclists, and pedestrians who have been hurt from the use and operation of a BC vehicle. If you have been injured in an accident caused by another driver, you can receive benefits from both your basic accident coverage and the basic accident coverage of the responsible party.
Tort Claims
Tort claims or fault-based claims can be filed through the other driver’s insurance policy in order to recover damages caused by their negligence; however, this type of claim will only be paid out if you are able to prove that the at-fault driver committed an act of negligence that directly caused the accident and your injuries.
How Does ICBC Decide How Much to Pay Out?
In addition to the limits for basic accident coverage, the amount of compensation that you are eligible to receive will depend on:
Fault
If you are found to be at fault for the accident, you will be able to receive basic accident coverage benefits but unable to pursue a tort claim for other damages, such as pain and suffering.
Coverage
The amount that you are paid out will depend on the type of car insurance you have. For instance, if you purchased optional insurance like collision coverage, you may be able to receive more compensation than someone who only purchased mandatory insurance.
Actual Damages
The amount of damages that you suffer due to an accident will have a big impact on the amount of compensation you receive. This is because you can only receive compensation that is equal to your actual economic losses.
If you would like to learn more about how ICBC claims work, or if you are interested in one of their legal services for car accident claims, please contact Linley Welwood at 604-850-6640 or by filling out a contact form on their website.