If you suffer injuries in a car accident as a passenger, you may have many options available to you for seeking compensation for your medical expenses and other losses.
Those options could include filing :
- An ICBC no-fault benefits claim
- A tort claim against the driver of the other car
- A tort claim against the driver of the car you rode in as a passenger.
With more than 20 years of experience with helping car accident victims and their families in Vancouver and throughout British Columbia, including injured passengers, Klein Lawyers knows how to pursue all of your available options. Contact us today and allow us to review your case in a free consultation.
ICBC No-Fault Claims for Passengers Injured in Car Accidents
Passengers who suffer injuries in auto accidents typically can file a claim for benefits under Part 7 of the Insurance (Vehicle) Regulation. People label these benefits as “no-fault” because, unlike a tort claim, you can receive these benefits regardless of who caused the accident.
As long as you were a passenger in a B.C. licensed vehicle you will meet the definition of an “Insured” for no-fault benefits.
However, you must also show that the accident caused your injuries. For this reason, you should see a doctor as soon as possible after you get hurt in an accident as a passenger. A timely diagnosis will protect your health. It will also protect your right to pursue compensation through an ICBC claim.
No-fault benefits could play an important role in your physical recovery. These benefits can pay for your medical costs (up to $150,000), including emergency care, surgery, chiropractor care, medications and therapy. Additionally, you could be eligible to file an ICBC no-fault benefits claim for:
- Wage loss benefits (up to $300 per week) if your injuries leave you totally disabled and unable to work; and
- Homemaker benefits (up to $145 per week) if your injuries “substantially and continuously” disable you and prevent you from performing household tasks.
When we review your case, Klein Lawyers will determine your eligibility for no-fault benefits. We will also help you to go through all of the steps to effectively prosecute your claim. For instance, we can make sure that you give timely notice of your claim to ICBC. We can also provide the ICBC claims adjuster with the medical records and other evidence that the adjuster needs in order to arrive at a full and fair ICBC settlement.
Tort Claims for Passengers Injured in Auto Accidents
If another person’s negligence caused your accident – the driver of another vehicle and/or the driver of the vehicle you rode in as a passenger – you may also be eligible to file a tort claim. The claim could provide compensation that includes:
- Past and future medical expenses
- Out-of-pocket expenses that Part 7 does not cover
- Past wage losses and loss of future earning capacity
- Pain and suffering.
Most people would not think twice about suing the driver of another vehicle who caused their injuries as a passenger. However, people may hesitate to sue the driver of the vehicle they rode in. This is because the person is likely a friend or family member. If you face this situation, you should consider the fact that the driver’s personal assets, typically, do not pay the damages in a tort claim. Instead, the driver’s ICBC third-party liability policy will cover it.
Because ICBC will try to pay as little as possible to resolve a claim, Klein Lawyers can play an important role in your case. For instance, we will gather and analyze evidence which solidly establishes that a driver’s careless or reckless conduct caused your injuries as a car passenger. For instance, the evidence may show that the driver was engaged in speeding, aggressive driving, distracted driving, drunk driving or driving while overly fatigued.
We will also review your medical records, and we may consult with experts who can help us to determine the nature and extent of your injuries and the treatment you will need as you move forward in life.
Additionally, we will timely file your car accident lawsuit in the Supreme Court of British Columbia and prepare your case as if it is going to trial. However, at the same time, we will negotiate with ICBC and work hard to arrive at a just out-of-court settlement. Our careful preparation of tort claims often allows us to obtain compensation for our clients through an ICBC settlement, which can lead to a timely resolution of a case.
Klein Lawyers can also assist you in filing an ICBC claim if an uninsured or unidentified (hit-and-run) driver caused your car accident passenger injuries. Those types of ICBC claims can be highly complex and require the assistance of an experienced Vancouver car accident lawyer.
When a Minor Suffers Injuries as a Passenger
In many cases, the passenger who suffers injuries in an accident is a teen or a younger child. For instance, many teens are passengers in cars driven by other teens who engage in negligent driving such as speeding, distracted driving or driving while impaired by drugs or alcohol.
If your child under age 19 gets hurt in a crash caused by another person, Klein Lawyers will work closely with you to seek full and fair compensation for the minor and represent you when seeking approval of the minor’s ICBC settlement from the Public Guardian and Trustee or Supreme Court.
Our Vancouver Car Accident Passenger Claims Lawyers Can Help You
If you have been injured in a car accident in Vancouver or elsewhere in British Columbia as a passenger, dealing with your injuries and trying to navigate a complex ICBC claim will only add stress to an already challenging situation. Instead, let the skilled and experienced legal team at Klein Lawyers explore all legal options available to you and seek the compensation you are due.
With a team of more than 50 staff members, we have the resources to handle every aspect of your case while you focus on your recovery. We will charge no fees unless we secure compensation for you. Contact us today and learn more in a free consultation.
