I’ve been hurt in a motor vehicle accident. What can I do?

You must report the accident to an insurer. In BC, the basic insurer for drivers is the Insurance Corporation of BC (ICBC). If you’re a pedestrian, cyclist, or passenger, you must also contact ICBC.

If you have disputes afterward

The Civil Resolution Tribunal (CRT) can make decisions on the following matters:

• Entitlement to accident benefits
• Classification of an injury as a “minor injury”
• Fault and damages decisions for motor vehicle injury claims up to $50,000

For car accidents between April 1, 2019, and April 30, 2021

• For an accident benefits dispute, you can only take the claim to the online CRT.
• For minor injury determination and resolving fault and damages, you can either go to court or start a claim at the CRT. Consult a lawyer for legal advice before deciding where to go.

For car accidents on or after May 1, 2021 

• The new care-based model for automobile insurance (Enhanced Care) applies. Under this coverage, you’ll get compensation for your injuries based on the new rules. The new model should reduce the number of legal actions brought to the justice system. However, in some cases involving Criminal Code offences, you can still sue. Consult a lawyer for legal advice.
• For accident benefits disputes, you can start with the CRT Solution Explorer. In other words, the CRT will continue to have exclusive jurisdiction over the Enhanced Accident Benefits disputes.

Helpful resources

• Solution Explorer — Vehicle Accidents  (Civil Resolution Tribunal (CRT)): This is the first step in the online CRT process, with free legal information and tools. Select your accident date to begin your exploration.
• LSLAP Manual: Automobile Insurance (ICBC) (PDF) (Law Students’ Legal Advice Program): See the section on personal injury claims. The section includes a description of different court jurisdictions — the small claims division (Provincial Court of BC), the CRT, and the Supreme Court of BC. The last section in the manual has an introduction to the changes to an almost full “no-fault” system.
• What’s the Difference Between Small Claims Court and the Supreme Court of BC? (Clicklaw): This common question explains the differences between the courts.

Helpful services

• Lawyer Referral Service (Access Pro Bono): This service offers a free, brief initial consultation with a lawyer to determine your legal needs. If you would like further help from your lawyer, you can retain them at a rate you both agree to.
• Find more services.