ICBC pays loss of income to a max of $300 per week for car accident injuries. After April 1, 2019 ICBC disability increases to $740.00 Max. ICBC deducts any wage loss benefits received from EI or a private disability plan.
ICBC Disabilty Deducted
The April 1, 2019 increase in ICBC disability benefits comes with a $5,500 cap on pain and suffering . This cap only applies to minor injuries.
ICBC pays for lost wages. However, the ICBC disability benefits are deducted from the loss of income. The Insurance Corporation of British Columbia, ICBC, makes payments for at fault drivers. ICBC does not have to repay private insurers.
Full compensation should occur with compensation for loss of earnings. However, ICBC gets several deductions so full compensation does not occur.
ICBC Pays Loss of Income
ICBC pays net income loss after deduction on behalf of the at fault driver. Deductions apply if the other driver is insured with the corporation.
Wageloss benefits deducted from the income award in cases against the at fault driver are significant. So, for example, if ICBC pays $10,000 in wage benefits and a judge awards $25,000 for wage loss, the claimant receives a $15,000 award.
Summary of some applicable principles for assessment of loss of income:
a) To the extent possible, a claimant should be put in the position he/she would have been in, but for the injuries caused by the defendant’s negligence
b) The assessment of loss must be based on the evidence, but requires an exercise of judgment and is not a mathematical calculation;
c) The two possible approaches to assessment of loss of future earning capacity are the “earnings approach” and the “capital asset approach”;
d) Under either approach, the claimant must prove that there is a “real and substantial possibility” of various future events leading to an income loss;
e) The court must consider both positive and negative contingencies when conducting the analysis (McCann v. Anderson, 2019 BCSC 245 at para 130)