An ICBC Claim results when you are injured in a car accident in British Columbia. The ICBC is required to provide accident benefits regardless of who has caused the accident. These benefits are supposed to cover expenses such as rehabilitation and medical bills. However, there is a limit of $150,000, and ICBC cannot offer settlements above this amount. These benefits are also supposed to cover other expenses such as chiropractor treatments, physiotherapy, medical equipment, home services and medication. Furthermore, ICBC is supposed to offer you wage loss benefits if you are unable to work as a result of the accident. Some of the ICBC Injury Claims that can be compensated include future loss of earning capacity claim, wage loss claim, pain and suffering claim, the cost of future care expenses claim as well as special damages claim. However, the ICBC does not cover small accidents and will refer you to their low-velocity impact collision program.
1. Breaching ICBC Contract
An ICBC policy takes care of several things such as personal injury claims, property damage and getting an ICBC lawyer for you in case of an accident. Before you sign their policy, ICBC will remind you that their contract is just like other contracts and it can be breached. Whenever you breach the ICBC contract, they will not compensate you in case of a car accident. As a result, following an accident, ICBC will sue you to recover payments that you may have received or the payment that may have been made to the other parties in the car crash.
Some of the reasons that can lead to breach of contract include a hit and run, racing, fraud, failing to remain at the accident and trying to evade the police. Other reasons may constitute of using your car for illegal purposes such as trafficking drugs and immigrants, refusing to corporate with the police and driving under the influence of drugs. Whenever this happens, ICBC claims are denied, and no compensation is made.
2. Who determines breach of contract?
Proving breach of contract is a complicated process that involves many parties. Whenever an ICBC adjuster claims that there is breach of contract, you are allowed to take the matter to internal dispute. Lucky ICBC settlements didn’t end in the internal review stage. You can take the ICBC to court as the breach is a more than an opinion. It should be treated as a matter of law. In many car accidents, the court has found that the breach was wrongfully imposed and therefore, the plaintiff should have been compensated.
On an average day, many lawyers aren’t enthusiastic when handling ICBC cases especially when the police is involved. To avoid unnecessary stress, ensure that you understand every bit of the ICBC insurance policy before you consent to it.