Peter Higgs, partner, Shook, Wickham, Bishop & Field
If you or someone you know has been involved in a Motor Vehicle Accident there are numerous immediate concerns which you or they have. The dominant concern is ensuring that proper medical attention is provided. The health and safety of the people involved is everyone’s first and foremost concern.
After the immediate aftermath there are lot of potential players involved. There are witnesses, the police, health care providers and your insurer, which is likely ICBC.
If you are not at fault and did not cause the collision, you have an opportunity within British Columbia to pursue a claim against the individual who has caused you injury and/or loss. This is what is commonly referred to as a tort claim. It is a lawsuit which commences an action against another party claiming negligence.
However, regardless of whether you are at fault or not you are entitled to what are called Part 7 benefits. The following individuals are usually entitled to Part 7 benefits:
- a person named as an owner in an owner’s certificate;
- a member of the household of a person named in an owner’s certificate;
- an insured who is not in default of a premium payable;
- an occupant of a vehicle that:
- is licensed in the province and is not exempted, or
- is not required to be licensed in the province, but is operated by a person named in a driver’s certificate;
- a cyclist or pedestrian who is involved in an accident with a vehicle; and
- a resident of a province who is entitled to bring an action for injury or death.
If you meet the criteria above you should be entitled to medical and rehabilitative treatment, disability benefits for employed people; homemaking benefits, and death benefits.
Sometimes it is difficult to obtain the above treatment and you may run into difficulties. If you need assistance with any concern you have regarding a Motor Vehicle Accident we are able to help you.
Peter Higgs is a partner at Shook, Wickham, Bishop & Field. Visit www.CRlawyers.ca for more information or call 250.287.8355.