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Injured...?
Did you
know...?
The first month
after an accident is often the most difficult and confusing. If you
are hurt, you need answers to some very important
questions:
- What happens
to my car?
- What do I do
for money if I can't work?
- Who pays the
bills for:
....-
ambulance?
....-
medications?
....-
physiotherapy?
....- massage
therapy?
....- specialists?
- How is fault
for the accident determined?
Some of the
answers to these questions lie in an understanding of your rights -
what you are entitled to immediately and what you are entitled to
later on.
When someone is
hurt, they have two types of claims:
- "No Fault Benefits" - both medical and wage loss ("no fault"
means that it does not matter who caused the accident).
An entitlement to "no
fault benefits" means that ICBC is responsible to pay for all your
medical needs and part of your wages, to a maximum of $300 per
week (if you have worked 6 of the last 12 months prior to the
accident).
ICBC pays these
benefits if you are not entitled to receive them from another
source (e.g. private disability insurance or sick plan).
You have a right to
have these benefits paid to you immediately.
- Damages - i.e. compensation for injuries, loss of earnings and reimbursement
of out-of-pocket expenses relating to the injury - but only if the other driver is partially or wholly
to blame for your injury.
This type of claim is commenced by way of a lawsuit and
includes:
....- Pain and
suffering
....- Wage
Loss (past and future)
....- Medical
Needs (current and future)
....-
Out-of-pocket expenses
These "damages" are
paid when the lawsuit is settled (either before it goes to Court
or when the outcome of the lawsuit has been decided by the Court). If
there is a dispute about the law that applies to either of these claims,
it is ruled on by the Court. If either party to the dispute doesn't like
the ruling from the Court, somtimes there is an option to appeal to a
higher Court.
For more information on recent law dealing with the issue of no fault benefits,
click here.
We can answer these questions and help you understand your
rights and your entitlements.
Please call us for more information.
604-669-5534
This feature is not intended as legal advice and should not
be considered as such.
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