Motor Vehicle Accidents – Myths v. Truths

Myth v. Truth # 1

Myth:You have two years to file a lawsuit against ICBC when you’ve been injured in a motor vehicle accident.
Truth:Limitation dates vary depending on the type of accident. For example, hit and run claims or claims involving municipal vehicles have much shorter limits than other claims and even conventional claims are subject to changing limitation dates as a result of legislation or new court decisions.

Myth v. Truth # 2

Myth:Your wage loss settlement is reduced by 25 to 35% for net, after tax claim.
Truth:While the law provides for some reduction of gross wage loss in most cases, the percentage of reduction is often much less than ICBC initially suggests, especially for self-employed persons. The calculation varies in each case and is a complicated formula for which you should seek independent legal advice.

Myth v. Truth # 3

Myth:There is an automatic deduction of 25% from your settlement for failure to wear a seatbelt.
Truth:There is no reduction unless ICBC can prove wearing a seat belt would reduce your injuries, and even then the reduction is rarely as high as 25% and is often as low as 5-10%.

Myth v. Truth # 4

Myth:If you are injured in a motor vehicle accident for which you are at fault, you are not entitled to any benefits.
Truth:A person injured in a motor vehicle accident in British Columbia is usually entitled to no-fault benefits from ICBC no matter whose fault the accident is. No-fault benefits include some or all of the following:
1. Medical and rehabilitation costs;
2. Partial replacement for wages lost while off work due to your injuries;
3. Compensation for your inability to do housework.