Don't risk being a designated driver

[LongHaul]

Hassel99 » Wrote Feb 10, 2014 3:44 pm

“The real questions are, why was she not able to make a claim under 1st party accident benefits? Did the passenger being drunk void her policy? did she get her car repaired by ICBC? Did she simply not claim because she thought she could sue him?”

Am reading between the lines in the articles and am assuming ICBC did not deny the lady's insurance and it did work. If her insurance had been denied am sure the reporters would have had it front and centre in their articles. Depending on her injuries the Accident Benefits provided from her policy with ICBC's limitations may not be enough to fully compensate for her injuries.

My knowledge on Accident Benefits is limited but inserted a post below by Ken7 and my5cents from another thread which summarizes ICBC Accident Benefits quite well.

Ken7 wrote:If you need ICBC, you will find what they suggest you have for coverage is not what you have paid for.

I recently was involved in an injury MVA. I am now taking physiotherapy weekly in an attempt to recover from injury.

The first thing my adjuster sends me is an email stating I only get $28.00 per visit for physiotherapy. This does not cover costs. Has anyone had this happen to them??


This is what basic insurance states you have for coverage...


Accident Benefits

Accident Benefits covers medical care or financial support after a crash. It covers you and members of your household, plus any other occupants of your vehicle, as well as cyclists or pedestrians who collide with your vehicle. If you are eligible, you get: Medical expenses and rehabilitation costs.
Loss of earnings up to $300 per week.
Funeral expenses and death benefits for your surviving spouse and dependants.
Coverage for pedestrians and cyclists involved in a crash.

my5cents

There's two parts to an insurance claim. If this loss was NOT your fault there is always TORT, over and above your No Fault Coverage. Otherwise, you're subject to ICBC's limitations. I think ICBC, much like other carriers, pay the "official rate", which is a rate less than most rehabs charge.

I have extended health benefits and if I need physio they only pay a certain amount, and I pay the rest.

If this is the case (the collision wasn't your fault), when you settle with ICBC for pain and suffering, you can include all your extra costs, like the rehab you had to pay yourself.

This link to a lawyer's blog describes in detail the recommended process one should follow to make a claim under one's ICBC insurance.

http://www.kazlaw.ca/index.php/trial-achievements/icbc-process

Although the articles talk about Designated Drivers it would seem any driver with passengers takes this risk of not being able to recover from a passenger who causes the driver to have an accident. Probably has always been this way. Just not something that comes to mind unless it is brought to one's attention. As per a modified quote from the Bush administration “We didn't know what we didn't know”.