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Porter Ramsay Blog

Personal injury law and public insurance

The fact is some drivers operate vehicles without having insurance, even though it’s the law. In British Columbia, drivers purchase public insurance through the Insurance Corporation of British Columbia (ICBC) which leads many to wonder what happens if they suffer a personal injury driving their vehicles. The short answer is as long as drivers whose vehicles were hit by uninsured drivers have insurance, they’re covered.

But the insured driver must have purchased collision coverage through ICBC. In that case, according to an ICBC spokesperson, the claim is handled under that collision coverage, and the deductible would be waived by ICBC. The corporation fund covers injuries and collision damage — up to $1 million for drivers sustaining injuries in an incident in which the at-fault driver doesn’t have insurance.

The fund will not protect a driver who is at fault. The at-fault driver doesn’t always have to be sued in order to access the ICBC fund. Most claims for injuries or death and damages to property, including to the vehicle, will be settled by ICBC directly with the claimant. Recovery will then be sought from the uninsured driver.

In British Columbia personal injury, claims can get confusing. Those who need clarification after being injured in an automobile accident in the province may wish to speak to a lawyer experienced in personal injury claims. Those who have been injured in a vehicle accident involving an uninsured motorist would do well to seek legal guidance as soon as possible in order to know how to move forward.