| When someone is hurt, they have two types of claims:
1. "No Fault Benefits" - both medical and wage loss ("no fault" means
that it does not matter who caused the accident).
An entitlement to "no fault benefits" means that ICBC is responsible
to pay for those medical benefits covered under Part 7 of the Regulations
including part of your wages, to a maximum of $300 per week (if you have
worked 6 of the last 12 months prior to the accident).
ICBC pays these benefits if you are not entitled to receive them from
another source first (e.g. private disability insurance or sick plan).
You are required to use those other benefits first, which includes applying
for employment insurance disability benefits at the start of your claim.
2. Damages (money for pain and suffering) - but only if the other driver
is partially or wholly to blame for your injury.
This type of claim is commenced by way of a lawsuit and includes:
-
Pain & Suffering
-
Past and Future Wage Loss
-
Loss of Opportunity/Capacity
-
Out-of-Pocket Expenses
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