Are ICBC Benefits Available for Bicycle Accidents?
Accident benefits through the Insurance Corporation of British Columbia (ICBC) are most commonly associated with car crashes. However, you don’t have to be the driver or a passenger of a vehicle to be eligible for benefits.
If you have been injured in a bicycle accident with a vehicle that is insured by ICBC, you have access to the same benefits as motorists who are hurt in a collision. You also have the right to pursue compensation through a tort claim if the driver who caused the accident was negligent.
To understand your rights in your bicycle accident case, please call Klein Lawyers at (604) 874-7171 today for a free consultation. Our law firm serves injured cyclists in Vancouver and other communities of British Columbia.
ICBC No-Fault Benefits in Bicycle Accidents
If you have been injured in a bicycle accident with a registered vehicle in British Columbia, you have access to ICBC benefits regardless of who is at fault for the crash. To access these benefits, you will need to file a Part 7 “no-fault” claim.
No-fault benefits cover the economic costs of your bicycle accident injuries, including:
- The cost of medical treatment, including hospital care, surgery, treatment for dental injuries, and more
- Rehabilitation and therapy expenses
- Lost income, if you are unable to work after the accident
- Home and vehicle modifications
- Assistance for homemakers
If your loved one is killed in a bicycle accident, ICBC also provides no-fault death benefits. These benefits cover costs for funeral services and burial or cremation, as well as benefit payments for a surviving spouse and dependants.
ICBC no-fault benefits are subject to limitations on the amount of weekly payments or total compensation that is provided. In addition, the date your bicycle accident occurred may affect the amount of certain benefits you are eligible to receive.
No-fault benefits are usually available through an insured driver’s basic autoplan coverage with ICBC. In those cases, you are eligible for benefits if your bicycle accident involves a vehicle that is registered and insured in British Columbia. However, even if the vehicle was not insured, you may still be eligible for Part 7 benefits. In cases that don’t involve a motor vehicle, such as a collision between cyclists or a property defect, no-fault benefits will not be available.
Bicycle Accident Tort Claim
The minimum amount of coverage that drivers in British Columbia are required to carry through ICBC is $200,000. However, the costs associated with a serious bicycle accident often exceed the policy limits. What’s more, no-fault benefits don’t cover noneconomic costs such as pain and suffering, emotional anguish, and loss of quality of life.
To recover compensation for these losses, you will need to file a personal injury tort claim.
The success of your tort claim is contingent on your ability to prove that the driver’s negligence resulted in your bicycle accident. Common examples of negligence in motor vehicle collisions with cyclists include:
- Distracted driving
- Failure to check for cyclists before making a turn
- Changing lanes without checking blind spots
- Drifting into a bike lane or onto the shoulder of the road
- Drunk driving
- Aggressive driving
- Opening a car door into the path of a bicyclist
If the negligent driver has coverage through ICBC, then ICBC will represent the driver in your tort claim. The ICBC adjuster will almost certainly try to argue that you are partially or completely at fault for the accident. It is important to contact a lawyer who can present evidence that you were obeying the laws for safe cycling and the negligence of the driver is the cause of your injuries.
To present the strongest case on your behalf, our lawyers will thoroughly investigate the facts, gather crucial evidence, speak to witnesses, and represent you in negotiations with ICBC. Although we are able to resolve most accident claims without going to trial, Klein Lawyers will take your case to court if a fair settlement does not arise.
Contact Our Bicycle Accident Lawyers in Vancouver Today
Bicyclists often suffer serious injuries in collisions with motor vehicles. Even if you are wearing a helmet and other protective gear, the difference in size and the force of a collision puts cyclists at a serious disadvantage.
No-fault benefits through ICBC can help with the financial challenges of a bicycle accident, but your benefit payments likely won’t cover all of the costs you face. If the driver was at fault for the crash, it is important to know that you have the right to file a claim for full compensation.
Klein Lawyers has decades of experience representing clients in bicycle accident claims in Vancouver and British Columbia. Our lawyers know the ICBC claims process, and we are committed to securing all of the benefits and compensation you deserve for your injuries.
Please call (604) 874-7171 today for a free case evaluation. With our No Fee Guarantee, you don’t pay fees if Klein Lawyers doesn’t win your case.