Serving All of British Columbia
infobc@preszlerlaw.com Call 1-888-404-5167

Can I Still Make an ICBC Injury Claim if the Other Driver Does Not Have Insurance?


British Columbia law requires that every driver in the province carry auto insurance provided by the Insurance Corporation of British Columbia (more commonly known by its acronym, ICBC). ICBC’s Basic Autoplan is the mandatory insurance coverage required for British Columbia drivers, although drivers can buy additional coverage if desired.

If you are insured with ICBC and involved in a car accident and the other driver is uninsured, underinsured, or unknown (as in a hit-and-run accident), you can still make a claim for compensation with ICBC.

The compensation you receive in these types of accidents depends on which driver is at fault for the accident, and you must take certain steps to ensure that your claim is not barred. This post explores these topics in more detail.

Call 1-877-572-1324 to speak with our British Columbia legal intake team for free Book Free Consultation

ICBC’s Basic Autoplan

The coverage provided by ICBC’s Basic Autoplan can be divided into two broad categories: No-Fault Benefits, which are available regardless of who was at fault in causing an accident, and third-party liability coverage, which is available to you when the other driver was at fault (or is available to the other driver if you were at fault).

No-Fault Benefits

With ICBC’s Basic Autoplan insurance, you are entitled to “No-Fault Benefits” provided under Part 7 of the Regulations to the Insurance (Vehicle) Act. No-Fault Benefits are available to an insured regardless of who was at fault in causing the accident. No-Fault Benefits include:

  • Medical and rehabilitation benefits (up to $300,000 for accidents on or after January 1, 2018);
  • Up to $300 per week for employed persons who become totally disabled;
  • Up to $145 per week for a homemaker who becomes substantially and continuously disabled; and
  • Funeral expenses and death benefits.

You are entitled to No-Fault Benefits even if the car accident is your fault and regardless of whether the other driver is uninsured, underinsured, or unidentified. Consulting with a lawyer can help ensure that you comply with notice and reporting requirements to secure your entitlement to these benefits.

Third-Party Liability Coverage

Basic Autoplan insurance also provides a minimum of $200,000 in third-party liability coverage. Third-party liability coverage pays out for an injured person’s injuries and property damage if the other driver was at fault. This coverage also applies in car accidents where the other driver is uninsured or underinsured. Most drivers elect to carry $1M to $2M in third-party coverage.

Injury Claims for Accidents Where the Other Driver Is Uninsured, Underinsured, or Unknown

Section 20 of the Insurance (Vehicle) Act sets out how claims should proceed against uninsured or underinsured drivers when those drivers are at fault for an accident.

If you know the identity of the driver who caused your accident, then you should provide written notice to ICBC as soon as possible. In these circumstances, ICBC may negotiate with you to settle the claim or proceed to trial in lieu of the uninsured or underinsured driver. Compensation may include pain and suffering, past and future medical expenses, loss of housekeeping ability damages, wage loss, and reduction in future earning capacity.

Claiming for an amount in excess of $200,000 is complicated and will require an injured party to show that he or she has made efforts to collect compensation from the at-fault motorist. If you can show that the at-fault driver cannot pay the amount even after the matter has gone to trial, then you can proceed in arbitration against ICBC for payment under underinsured motorist protection (often called “UMP”).

Hit-and-Run Accidents

In hit-and-run car accidents, you must take certain steps under the Insurance (Vehicle) Act to prove that the accident occurred and that you have made all reasonable efforts to identify the hit-and-run driver. You must provide written notice to ICBC about the accident as soon as possible, but no more than six months after the accident occurred.

If you are involved in a hit-and-run accident, taking steps such as posting an advertisement in the newspaper, signs at the accident site asking for witnesses, canvassing potential witnesses near the accident site, and reporting the accident to the police immediately and following up on their investigation may be considered reasonable steps to learn the identity of the driver.

How an Experienced Auto Accident Lawyer Can Help

UMP and hit-and-run claims in British Columbia are complicated and often require quick action to ensure your claim can succeed. Missing a deadline or lacking critical evidence can spell disaster for your claim and leave you holding the bag after an accident. If you’ve been involved in an accident with an uninsured, underinsured, or unknown driver, you should work with a lawyer to make sure your claim is handled properly.

The lawyers at Preszler Injury Lawyers routinely handle ICBC claims involving uninsured, underinsured, and unknown drivers. They also provide free case evaluations to help injured British Columbians understand what their rights are and what remedies are available to them following a car accident.

 

Connect With Our Legal Team



Schedule a call with our personal injury legal intake team. Our team is available 24/7 so call us now to book your call. Our scheduled intake allows you to tell us details about your accident and gives our legal team an opportunity to review your case and advise you on possible solutions and outcomes. The best part is, if you decide to hire us after this call - you don't pay anything unless we win. We can help clients regardless of where they reside in British Columbia so let us help you get started on your road to recovery.

 

1321 Blanshard Street
Suite 301,
Victoria, BC
V8W 0B6
Fax: 778-373-8213
Toll Free: 1-877-572-1324
4720 Kingsway
Suite 2600,
Burnaby, BC
V6E 3C9
Fax: 778-373-8213
Toll Free: 1-877-572-1324
5811 Cooney Road
Suite 305 South Tower,
Richmond, BC
V6X 3M1
Fax: 778-373-8213
Toll Free: 1-877-572-1324
7164 120th Street
Suite 202,
Surrey, BC
V3W 3M8
Fax: 778-373-8213
Toll Free: 1-877-572-1324
1631 Dickson Avenue
Suite 1100,
Kelowna, BC
V1Y 0B5
Fax: 778-373-8213
Toll Free: 1-877-572-1324
1075 West Georgia Street
Unit 825,
Vancouver, BC
V6E 3C9
Fax: 778-373-8213
Toll Free: 1-877-572-1324
*These are consultation offices that require a booked meeting in advance. Walk-ins are not allowed.

DISCLAIMER: Please be advised that the header image and other images throughout this website may include both lawyer and non-lawyer/paralegal employees of Preszler Injury Lawyers and unrelated third parties. Please note that the purpose of this disclaimer is to ensure that the usage of our spokesperson, John Fraser, or any other non-lawyer/paralegals in our legal marketing is not to be construed in any way as misleading to the public. Any questions regarding the usage of non-lawyers in our legal marketing or otherwise can be directed to management. Please also note that past results are not indicative of future results and that each case is unique and that case results listed on site are from experiences across Canada and are not specific to any province. Please be advised that some of the content on this website may be out of date. None of the content is intended to act as legal advice as each situation is independent and unique and requires individual legal advice from a licensed lawyer or paralegal. For legal advice on your individual situation – we can provide legal guidance after you have contacted our firm and we have established a lawyer-client relationship contractually. Please note that some of the content on this website may be out of date and no longer relevant after May 2021. For additional clarification on legal questions please contact our law firm and book a consultation with a member of our legal team.