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.).
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.
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.