Injury lawyers in British Columbia should know best that when a claim arises from a two car accident collision in BC, and both cars are insured with ICBC, the injury claimant has at least two potential claims payable by ICBC. First is accident benefits which are no fault and help pay for immediate medical expenses and income loss of up to $300.00 per week. The other claim the injury lawyer can make for you is the one against the driver that is at fault for the injury, ICBC third liability coverage. There are important implications to having ICBC being the insured for both sides of a car accident.
As a personal injuries lawyer applying the laws in BC to injury cases since 1995 I can say having ICBC on both sides of a lawsuit firstly results in ICBC benefits being deducted from any claim you may have against the other party with third party liability coverage from ICBC.
Secondly, if you are suing a driver that has third party liability coverage with ICBC then you are only entitled to net wage loss. On the other hand if you sue a surgeon for a negligent surgery you can claim your gross wage loss.
Thirdly, ICBC shares information about your claim with other ICBC departments and that information can be kept, stored and used against you in other claims you may have in the future.
There are many other important implications for injury lawyers and their clients when it comes to ICBC claims and these few post points only begin to scratch the surface. Take a look at my post on how to make an accurate claim with ICBC.
It is not surprising that when an ICBC damage estimator examines your vehicle he or she may note no visible signs of impact and value the cost of repair of your vehicle at zero ($0.00). Posted by Mr. Renn A. Holness