How ICBC Handles Bike & Pedestrian Claims
If you have ICBC on one of your own vehicles then you’ll be covered for Part 7 no fault benefits under your own policy. If you don’t you’ll be covered by the driver’s policy.
These benefits get paid regardless of who was at fault for the accident.
However, these only pay up to $300,000 worth of medical benefits, and a few small disability benefits. There’s no recovery for non-economic damages under part 7. You have to file a tort claim for that. That means you will be making a claim that the motorist is at fault.
The motorist probably hasn’t sustained any damage at all, so it’s in ICBC’s best interests to claim the accident was your fault. There have been plenty of cases where injured pedestrians and cyclists did not receive the money they needed because they were found at-fault for the accident.
How can a pedestrian or cyclist be at fault when a motorist hits them? The driver’s insurance company will claim the pedestrian or cyclist violated traffic laws. They also might try to make the defense that the pedestrian created a situation that made it impossible for the driver to see them.
An lawyer can help you refute these claims, and can deal with ICBC representatives on your half so you avoid making mistakes which could cost you your claim. It’s not uncommon for representatives to try to trick victims into making statements which can weaken their claims.