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Report-a-claim in the Lower Mainland by calling 604-520-8222 or 1-800-910-4222 for the rest of B.C.

Your settlement

Compensatory damages

If you are injured in a crash and another driver is found to be either completely or partly at fault, you may be entitled to claim damages from him or her. However, if your accident happened outside of B.C., your ability to claim against the other motorist may be restricted by the laws of that jurisdiction.

Compensatory damages are intended, as far as can be accomplished with money, to place you in the same position you were in just before you were injured.

Sometimes, these damage settlements can be very costly. That's why all drivers in B.C. are required to buy ICBC Third Party Liability insurance. If you are found at fault for a crash, this coverage will pay claims on your behalf, up to the limit of the protection you have purchased. Every licensed vehicle owner in B.C. must have a minimum of $200,000 Third Party Liability coverage.

If another motorist is found at fault for a crash in which you were injured, his or her Third Party Liability insurance will pay for the cost of your claim - again up to the limit of his or her coverage.

There are three parties involved in liability insurance. The first party is the insured, the second party is the insurance company and the third party is anyone who may have a claim against the first party.

NOTE: When a driver is found to be at fault but doesn't have enough insurance to cover injury or damages caused by the crash, additional coverage is provided by ICBC Underinsured Motorist Protection.

What kinds of compensatory damages are there?

NOTE: Remember that for you to receive compensatory damages, the other driver must have been found at least partly at fault for the crash in which you were injured. Some exceptions to this may apply if your accident occurs outside of B.C. or if an at fault motorist is from out-of-province.

Cost of care

You may claim for the costs of care you need after the crash, including the care you will need in the future. These may include payments for:

Make sure you keep receipts for all the care you receive.

PAIN AND SUFFERING
Also known as "non-pecuniary damages," these payments are to compensate you for your "loss of enjoyment of life."

Amounts awarded for these damages vary widely, depending upon the unique circumstances of each case. No amount of money can replace your enjoyment of life or eliminate physical pain. When you hurt, there is no limit on the price you'd pay to be better. But for the worst possible injuries, the Supreme Court of Canada has set an upper limit of about $260,000 (in 2001 dollars) on "pain and suffering" payments.

PAST WAGE LOSS
If you were unable to work after your accident - either as an employee or a self-employed person - you can claim for past wage loss. The amount you claim would be equal to the amount you would normally have earned from the time when you were disabled by your crash until you were able to work again, less tax and employment insurance premiums.

To claim for past wage loss, you will need to give your adjuster documents that show where you were working and how much you were being paid. Depending on your situation, these could include pay stubs, receipts, tax returns, or financial statements.

ICBC's position is to pay net wage loss [click for definition], less expenses directly related to your employment.

FUTURE WAGE LOSS
If you were permanently injured in a crash, your ability to earn money in the future may be affected. You may not be able to work at all. You may not be able to return to your previous job. Or you may be forced to work for less than you made before. Generally, if your injury affects your ability to earn money in the future, you may be entitled to compensatory damages for loss of future earning capacity. Assessment of this loss is not a mathematical calculation, but includes consideration of everything that might have happened if the accident had not occurred — including the possibility that you might not have been able to work for other reasons, or might have chosen not to work for certain time periods.

NOTE: For more information about compensation for wage loss, please see the section "What if I can't work?"

SPECIAL DAMAGES
You are entitled to claim for a variety of out-of-pocket expenses you may incur as a result of your crash. Ask your adjuster to find out what expenses qualify for reimbursement and make sure you keep all receipts.