In BC, accident benefits (also called Part 7 or “no-fault” benefits) may be claimed from ICBC in a collision involving a motor vehicle and cyclist. If you are injured as a cyclist, motor vehicle driver or motor vehicle passenger, you may be eligible for accident benefits.
Entitlement to accident benefits will vary depending on the unique circumstances of the case. In some cases, the accident may have occurred outside of BC in Canada or in the United States and still be covered. Your personal injury lawyer at Bronson Jones & Company LLP will assess your case and advocate for you to ensure you obtain your full entitlement.
Your lawyer will also assess your ability to pursue a civil lawsuit for losses caused by the negligence of another. In many cycling accidents, the driver of the motor vehicle is found at fault as a result of:
Striking the cyclist from behind;
Opening a door without checking for a cyclist in the lane; or
Entering the cyclist’s lane at an intersection.
The amount of damages that can be obtained through a civil suit is reduced in situations where contributory negligence is found, such as:
Whether the cyclist was obeying traffic rules and regulations, including traffic signals; and
The presence or absence of certain factors that could have prevented or lessened the injuries such as protective head gear, lights and reflective clothing.
The vast majority of cases settle prior to trial. The amount of compensation for damages will be reduced to the extent that accident benefits were received from ICBC (since you cannot collect twice for the same loss). Employment insurance and private disability benefits, however, are not normally subtracted from damages, except in some situations such as hit-and-run cases. Your bicycle accident lawyer at Bronson Jones & Company LLP, whether in Vancouver or multiple other offices in BC, will help you obtain a fair settlement or court award.