No Fault, No Fair!

Published by Waterstone Law Group

In May of 2021, the law surrounding ICBC and motor vehicle accident claims changed to a “no-fault” system in British Columbia. This change has eliminated the previous system which permitted an injured party to sue another person who caused a motor vehicle accident.

Under the new no-fault system, an injured party can no longer file a lawsuit with the Courts, but is now is required to make their claim for injuries, lost earnings and required treatments or medications directly with ICBC and utilize ICBC’s internal processes including their review/appeals process.

If you were injured in a car accident that occurred outside of British Columbia, the no fault rules do not apply. Similarly, if you were injured in a car accident that was caused by another person who has been charged criminally in relation to the accident, you may be able to pursue your claim outside of the new ICBC no fault system.

The no fault system applies only to claims arising from motor vehicle related collisions in British Columbia. It does not apply to injuries resulting from a slip and fall, assault or other accident.

If one of the exceptions above applies to you, we encourage you to contact Dave Sliman to discuss your options.