If you want to take legal action
You always have the right to retain a lawyer for your claim. But with Enhanced Care, you probably don’t need to.
Your right to a lawyer
You always have the right to retain a lawyer . A lawyer can advise you during the ICBC claims process and with other legal matters. But because Enhanced Care provides various benefits, it is not necessary to sue for damages.
Why you likely can’t file a lawsuit for crash damages
Since Enhanced Care was launched in May 2021, everyone involved in a crash is automatically covered by ICBC. While we still determine who is responsible for a crash, this doesn’t change the level of care you will receive if you are injured. That means most of the time, these kinds of lawsuits are no longer necessary or permitted in BC.
This system ensures everyone can have their costs covered, without the need to sue for damages. This saves you money on insurance premiums, lawyer fees, and the stress of going to court, so you can focus on your recovery.
Exceptions where you can still take legal action
Though Enhanced Care removes the need for most lawsuits, there are still situations where it’s possible to sue for damages.
For example, if the other driver was committing a criminal offense at the time of the crash (like driving while impaired), you might still be able to sue them for damages.
Filing disputes with the Civil Resolution Tribunal
If you have a dispute with ICBC or another person or organization, you have the option to file it with the BC Civil Resolution Tribunal (CRT). The CRT is independent from ICBC and helps B.C. residents resolve disputes without needing to go to court.
For example, if you think we made a mistake with the responsibility assessment of your crash, you can file a dispute with the CRT. If the CRT makes a ruling that changes our earlier decision, we will adjust it to match the ruling.
The Civil Resolution Tribunal can look at disputes about:
Entitlement to benefits
Property or vehicle damage
Some personal injury damages
Some responsibility assessments
How injuries were classified (as minor or non-minor)