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While the law in BC requires all drivers to carry third-party liability insurance, that does not mean that every driver on the road actually has valid insurance in place when they decide to take to the road.
So what happens if you are struck and injured by an uninsured driver? The good news is that, generally speaking, you may still be able to access injury compensation. The bad news, however, is that the process for seeking injury compensation is a bit more complicated and the amount of compensation available is limited.
Section 20 of the Insurance (Vehicle) Act sets out how claims should proceed against uninsured or underinsured drivers when those drivers are at fault for an accident. If you are injured by a driver that you know is uninsured (and assuming you know the identity of the driver), then you should provide written notice to ICBC as soon as possible.
You will ultimately have to provide ICBC information confirming that you believe the driver was uninsured at the time of the accident. The compensation that you may be entitled to will, like a claim involving an insured driver, depend on your injuries, their impact on your work, etc.
The only difference will be that compensation is limited to $200,000 and depending on the seriousness of your injuries, this may be insufficient. If that is the case, there is an additional process that allows you (once certain steps are taken) to seek compensation above the $200,000 limit.
This additional compensation is pursued through an arbitration process against ICBC under the ‘underinsured motorist protection’ process (“UMP” claim process). The process for dealing with uninsured drivers can be complicated and if you find yourself in this situation, it is wise to speak with a lawyer who deals with these situations on a regular basis.
Greg Pratch is a lawyer and partner with Pushor Mitchell LLP. He practices in civil litigation with a particular focus of personal injury matters and employment law. In his personal injury practice, he has helped individuals injured in both BC and Alberta recover compensation for all types of injuries including whiplash, soft tissue injuries, chronic pain, broken bones, spinal injuries and brain injuries. In his employment law practice, Greg advises both employers and employees on all matters relating to employment, including wrongful dismissal, human rights issues and employment standards legislation. Greg also advises clients on general commercial disputes and tax disputes with the Canada Revenue Agency. Be sure to connect with Greg Pratch on Twitter @OkanaganLawyer.
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