Who Can Claim Compensation?
Who Can Claim Compensation?
Every person in British Columbia who has been injured as a result of a motor vehicle collision potentially has a personal injury claim. This applies to pedestrians and cyclists who are injured by automobiles, as well as drivers and passengers who have been injured. Even unborn children who are injured in a collision have a right to fair and proper compensation.
If you are injured by a motorist while cycling in BC, you are entitled to make an injury claim. Cyclists are especially vulnerable to significant injury when involved in a collision with a motor vehicle. The careless operation of a vehicle can result in significant injury even if there is no collision. As an example, if a cyclist, in avoiding a collision with a vehicle, takes evasive action which results in injury, the cyclist may be entitled to compensation. In addition to claiming compensation for injuries, cyclists injured in BC motor vehicle collisions have the right to claim “no fault” benefits from ICBC.
Any driver who is injured through the fault of another has the right to make an injury claim. Motor Vehicle collisions are often serious events resulting in a wide range of injuries. It is important for all motorists to drive in a careful fashion to avoid collision. However, no matter what precautions are taken, accidents do occur. Motorists injured through the fault of another have the right to make an injury claim and, regardless of fault, to claim “no fault” benefits from ICBC.
Pedestrians involved in a motor vehicle collision are subject to the some of the most catastrophic injuries. In a collision between a vehicle and a pedestrian the pedestrian rarely stands a chance. Any pedestrian injured through the fault of a careless motorist has the right to make an injury claim. In addition to claiming compensation for injuries, pedestrians injured in BC motor vehicle collisions have the right to claim “no fault” benefits from ICBC.
Passengers are rarely at fault for a collision. As with any motorist involved in a collision, it is important to canvass all the motorists and vehicles involved to determine who was at fault for the collision and to preserve your right to seek fair compensation from all potential sources. Passengers, in addition to being able to advance an injury claim, are able to claim “no fault” benefits from ICBC.
Children who are injured in a motor vehicle collision have the right to claim compensation. The law is particularly protective of children and their rights. There are special limitations that preserve the right for a child to claim compensation for an accident well beyond certain time limits that apply to adults. However, it is important for children to apply for “no-fault” benefits in the time required by law. Another protection offered to children is through the office of the Public Guardian and Trustee. When a child settles their ICBC claim the office of the Public Guardian and Trustee must approve the settlement to ensure that the compensation received is fair.
Please visit our discussion of Part 7 Benefits for more information.