Part of my job as a personal injury lawyer often is to help claimants understand how much money they are entitled to receive from ICBC after a car accident injury. The Insurance Corporation of British Columbia is a Province wide government created insurance company responsible for compensated victims of personal injury on behalf of their insured.
We need to distinguish between the ICBC insurance claim and the negligence claim that is being defended by ICBC as the third party insurer. The Insurance Vehicle Act legislation in BC sets out the maximum amount ICBC will be required to pay for accident benefits if you are an insured. Here are a few highlights:
The amount of any disability benefits payable under section 80 in respect of an accident is $300 a week, or $145 a week payable to homemakers.
Medical or rehabilitation benefits
In most cases the maximum amount for one occurrence shall not exceed $150 000.
The maximum amount of funeral expenses that may be reimbursed under section 91 in respect of an accident occurring on or after January 1, 1996 is $2 500.
Where an ICBC insured at the date of death resulting from a motor vehicle accident comes within an age group set out in column A of the following Table and the insured has the status set out in column B, C or D, the amount of death benefit payable under section 92 is the amount set out below that status and opposite that age group.
|Column A||Column B||Column C||Column D|
|Age of Deceased||Head of Household||Spouse in Household||Dependent Child|
|Less than 5 years||—||—||500|
|5 to 9 years||—||—||1 000|
|10 to 18 years||5 000||2 500||1 500|
|19 and over||5 000||2 500||1 000|
Supplemental death benefits
The amount of a supplemental death benefit payable under section 93 is $1 000.
Additional death benefits
The amount of an additional death benefit payable under section 93 (2) (a) in respect of an accident occurring on or after January 1, 1987 is $145 a week.
The amount of a survivor’s death benefit payable under section 93 (2) (b) in respect of an accident occurring on or after January 1, 1987 is $35 a week.
Claims for Hit and Run and Uninsured Motorists
With respect to an accident occurring on or after January 1, 1985, for the purpose of section 105 (1), the maximum amount by which the liability of the ICBC is limited is $200 000. With respect to an accident occurring on or after January 1, 2002, for the purpose of section 105 (2), the amount is limited to the amount by which the damage exceeds $750.
Negligent claims against at fault drivers insured by ICBC do not have caps, with the exception of pain and suffering, and a lawyer should be consulted to have a negligence claim properly assessed.
For more information about how much an ICBC claim is worth, watch our short video about how judges decision personal injury cases: