Accidents on or after May 1, 2021:
The BC government passed a new law that took effect on May 1, 2021, which removes injured victims’ rights to bring their vehicle injury claims in court for full compensation. Instead, the government enacted a “no-fault” system which provides the same set of limited injury benefits to injured victims and at-fault drivers.
There are some limited circumstances, such as when the at-fault driver is convicted of certain criminal offences, where a partial injury claim may be brought in court. However, even in those cases, claims are often significantly limited by the new law.
As a result of these changes, we do not take on motor vehicle injury claim cases for accidents that occurred on or after May 1, 2021.
More information on the current ICBC injury claims system can be found at notonofault.com and icbc.com/enhanced-care-overview.
Accidents from April 1, 2019 and before May 1, 2021:
For motor vehicle accidents that occurred between these dates, some injury claims can be brought through the courts. However, compensation for pain and suffering may be significantly limited if your injuries fall within a broad category of what is called “minor injury”.
Accidents before April 1, 2019:
For accidents before this date, claims could be brought through the courts for full compensation based on the unique facts and evidence of each case.
However, there are important time limits to file an injury lawsuit in BC after an accident. In most cases, the deadline is 2 years from the date of the accident, unless you were under 19 years old at the time of the accident.
Specific legal advice is required to determine the time limit that applies to your individual case.
Please contact and ask to speak to one of our personal injury lawyers for help if you have questions about limitation periods that may apply in your case.