On May 1,2021 ICBC is enacting a new no-fault insurance model. Under this new model, being referred to as an “enhanced care” model by ICBC, individuals involved in car accidents in British Columbia will no longer be able to sue for damages if they are injured, even if they are not at fault. The severity of injuries does not have any impact on your ability to sue.
Individuals who are injured in accidents after May 1, 2021 may instead be entitled to various treatment, rehabilitation and wage loss benefits in amounts pre-determined by ICBC. If there is a dispute about who is entitled, or over the amount of benefits, it will be dealt with by an ombudsman, an ICBC fairness officer, or the Civil Resolution Tribunal – not the courts.
Who is Entitled to No-Fault Benefits?
To receive ICBC no-fault insurance benefits, you must be either be:
- An owner of an ICBC-insured vehicle
- Anyone in the vehicle owner’s household
- A British Columbia resident who has been properly issued a valid driver’s license and members of that individual’s household
- Any vehicle occupant who is licensed in B.C.
- Any vehicle occupant not required to be licensed in B.C. but driven by a person with a valid B.C. license
- A pedestrian or cyclist who crashes with an ICBC-insured vehicle
- A B.C. resident who is entitled to bring an action due to a hit-and-run or accident with an underinsured motorist
We understand that you will have questions during this time. Our experienced lawyers are here to answer your questions and navigate these changes.