Hundreds of British Columbians suffer injuries in car crashes every day. For those who experience minor damages, collecting a settlement from The Insurance Corporation of British Columbia (ICBC) may cover expenses like property damage and medical bills.
However, for those who suffer more severe injuries, these insurance payouts may not cover all economic and non-economic consequences victims and their families experience.
Unfortunately, starting in 2021, legislative changes made it very difficult for crash victims to collect additional compensation from negligent or reckless drivers as part of the Enhanced Care insurance model. So, what options do drivers have after a severe accident?
Criminal offences
In most cases, drivers will receive coverage from their insurance company after a crash. However, there is an exception in cases involving a driver ultimately convicted of a criminal offence.
For instance, if another driver were negligent and caused an accident, parties would be limited in the compensation available. However, victims could pursue compensation from the driver if the same accident occurred but the other driver was convicted of drunk driving or driving without a licence.
As such, anyone in an accident would be wise to document – to the best of their ability – any details regarding potentially illegal conduct. Further, calling the police can be crucial to investigate factors at the time of the crash.
Other parties at fault
Another option could be to pursue compensation from third parties who may be liable. Some examples of who this might be includes:
- Manufacturers of a defective car part
- Employers who failed to supervise drivers properly or hire trained drivers
- Mechanics
- Drinking establishments
- Government entities
If these parties’ negligence or recklessness contributed to a crash, it could be possible to take legal action against them.
Negotiating a settlement
Another option is to work with a lawyer to negotiate a better settlement with ICBC. With legal support, it can be easier for victims to get more from an insurance payout and avoid costly delays and wrongful denials.
Maximizing compensation after a collision
The way the Enhanced Care model limits payouts to crash victims can be incredibly upsetting if an insurance payout does not fully compensate those injured in the accident. Under these circumstances, maximizing the financial relief available can be crucial in helping victims get on the road to recovery.
