Liability in Canadian Car Accidents

Motor vehicle accidents happen every day in Britishsuch as:
Columbia. In fact, 78,000 people were injured in motor- Physical therapy
vehicle crashes and 459 were killed on the roadways- Chiropractor treatments
of British Columbia in 2005, according to the Insurance- Medications
Corporation of British Columbia (ICBC). On any given- Home support services
day, there are 695 crashes, injuring 215 people, the- Medical equipment or devices
ICBC also reports. Of these, at least one is fatal.Decision of fault
Determining liabilityThe ICBC usually makes a quick decision when
Determining liability, or who is at fault, in a motor vehicledetermining who is at fault. Often times, they do so
accident is essential for a personal injury claim.without fully investigating a motor vehicle accident. It is
Damages are awarded for injuries you suffered dueimportant that witnesses are spoken to, police reports
to the negligence of another party.are analyzed, weather conditions are reviewed, driver
If it is determined that you are partially at fault for anstatements obtained, and many other factors
automobile accident, you will only collect thatregarding liability are closely examined before a
percentage of damages that were not your fault. Fordecision is made.
example, if it was found that you were 30 percentThis is why it is important to consult an experienced
responsible for your accident, you will only be able toBritish Columbia automobile accident attorney who can
receive 70 percent of damages for your injury claim.investigate your accident and advise you as to
You can receive benefits for your injuries including:whether or not the crash was partially your fault.
- Pain and sufferingIf you are unsatisfied with the decision that the ICBC
- Special damages (out of pocket expenses)claims adjuster has made, there is an internal review
- Wage lossprocess that you can undergo. You may also pursue
- Cost of future care expensesyour injury claim in small claims court or in the British
- Future loss of earning capacityColumbia Supreme Court. In this case, a jury or judge
If the accident is entirely your fault, you will not be ablewill determine who is at fault, and the ICBC must
to receive compensation for your injuries. However,accept and honor that decision.
you may still be able to collect no-fault benefits.If you are a passenger injured in a motor vehicle
No-fault benefitsaccident, fault will not be an issue. Other factors that
In general, if you are injured in an auto accident inmay have contributed to your injuries can potentially
British Columbia, even if you are determined to be atreduce the amount of compensation you can collect.
fault, you can collect “no-fault” benefits. AlsoIf you are injured
known as “Part 7 Benefits,” these accidentIf you have been injured in an automobile crash or
benefits are provided by the ICBC and cover medicalSUV rollover accident you are probably looking for
and rehabilitation expenses up to a maximum ofinformation on how to address your rights,
$150,000. These no-fault benefits can cover expensesresponsibilities, and where to turn for help. A personal
in the categories of:injury lawyer can help you review your rights while
- Rehabilitation benefitsmaking an ICBC claim and walk you through the claim
- Disability benefitsprocess. An ICBC claims lawyer will fight for your
- Death expensesrights and work to obtain a fair settlement for your
These particular benefits can cover specific expensespersonal injury claim.