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INJURYwise

More motor car accident facts

  • FAQ – I was in an accident in BC, but the other driver was from another province, can I still make a personal injury claim?

    Answer: Yes. You are still entitled to ICBC Accident Benefits and, if the out of province driver is at fault, you can commence legal action against the out of province driver for compensatory damages (i.e. pain and suffering, past wage loss, future wage loss, special damages, future cost of care, etc.).

  • FAQ – I just totalled my brand new car, am I entitled to a new one?

    Answer: Essentially, yes, if you purchased Autoplan Replacement Cost Coverage or Limited Depreciation Coverage through ICBC. With this coverage you will be entitled to the lesser of: the purchase price, the manufacturers suggested retail price at the time of purchase, or the replacement of your vehicle with a vehicle of like make, model, model year and style with similar options, for the first 3 years. If you did not purchase either of these plans then you will only be entitled to the market value of the vehicle immediately before the accident.

    Note: If you financed your car, it is possible that the market value could be less than your buyout.

  • FAQ – I have been told that my claim has been classified as an LVI or Low Velocity Impact Claim and I am not entitled to any compensation for my injuries, is this correct?

    Answer: No. ICBC has an internal policy called the Low Velocity Impact program. Under this policy, if you have been in a motor vehicle accident and ICBC assesses the force of the impact on you to be 8 kilometre per hour or less your injury claim will usually be denied by ICBC. However, you are still entitled to ICBC Accident Benefits (note: you will need supporting evidence for any expenses from your physician) and you can still pursue your injury claim through court. Ultimately, a judge or jury will decide whether your injuries were caused by the accident and if they were and you were not at fault for the accident, you will be awarded compensation regardless of the force of impact.

    Important Note: The information contained in this column should not be treated by readers as legal advice and should not be relied on without detailed legal counsel being sought.

    This article is written by or on behalf of an outsourced columnist and does not necessarily reflect the views of Castanet.



  • More INJURYwise articles

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    About the Author

    Keri Grenier is an experienced personal injury lawyer based at Murphy Battista LLP's Kelowna office. She also holds a B.A. in psychology. Her practice focuses on helping people who have been injured in motor vehicle accidents or due to the negligence of others.

    In her column, Keri provides practical information about personal injury claims in a format that is simple and easy to understand.

    Email: [email protected]

    Website: http://www.murphybattista.com
     

    Twitter:  http://twitter.com/KelownaLawyer



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    The views expressed are strictly those of the author and not necessarily those of Castanet. Castanet does not warrant the contents.

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