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Motor Vehicle Accidents and Injuries

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发表于 6/3/2019 21:48:19 | 显示全部楼层 |阅读模式
本帖最后由 郭国汀 于 6/4/2019 00:23 编辑

Motor Vehicle Accidents and Injuries



Motor vehicle injury disputes can be about accident benefits, disputes about damages and fault up to $50,000, and determining whether an injury is a “minor injury”.
Get started with our Solution Explorer! It has free legal information and tools to help you resolve your dispute on your own.
If you can’t resolve your dispute on your own, you may be able to apply for dispute resolution with the CRT. You can apply right from the Solution Explorer. It will send you to the correct application form for your type of dispute.



About CRT jurisdiction
To qualify for this area of jurisdiction, the accident needs to have happened on or after April 1, 2019.
If your accident happened before April 1, 2019, you may be able to apply for dispute resolution at the CRT if your claim falls under our small claims jurisdiction. The most you can claim is $5,000. The Solution Explorer will send you to the correct application form.

Have questions? Read on…
Read this FAQ in Chinese simplified (司法管辖权 ), Chinese traditional (司法管轄權)



About the CRT


The CRT is an administrative tribunal, not a court. But like a court, the CRT is part of the public justice system, its tribunal members are independent and neutral, and it is required to apply the law and make enforceable decisions.
The CRT has jurisdiction over most MVI disputes, as well as strata property disputes, small claims under $5,000 and soon, societies and cooperative association disputes.
In most cases, you have to use the CRT and not the court to resolve disputes in these areas.

If you can’t reach an agreement, an independent CRT member will decide your dispute.
All CRT members are expert decision-makers and are appointed after an extensive merit-based competition process.
CRT members deciding MVI disputes are lawyers with expertise in personal injury law.
Inclusivity is a core value at the CRT. We work closely with community legal advocates to make sure the CRT is accessible for everyone, particularly people with barriers to navigating the justice system.
We also test our legal information, online tools, and forms with everyday members of the public to make sure they are clear and understandable.
After participants have resolved their dispute, we ask them about their experience and use their feedback to improve. Read how participants rate the CRT’s fairness, timeliness, and accessibility.
Here are some of the things we do to make sure the CRT is as inclusive and accessible as possible:
  • Offering free telephone interpretation in 200 languages including several Indigenous languages.
  • Providing multilingual information sheets in Punjabi, Persian, and simplified and traditional Chinese.
  • Designing all our forms, rules, and online tools in partnership with community advocates.
  • Providing the free Solution Explorer with plain language legal information, template letters and other tools to help people understand and resolve their dispute.
  • Writing all our legal and process information at about a Grade 6 – 8 reading level so they are easy to understand.
  • Asking on our application form if a person needs special accommodation due to literacy or language issues, visual or hearing impairments, mental health issues, or other circumstances, and working with parties to accommodate their needs.
  • Offering a simple and fast fee waiver process, developed in partnership with advocates for people with low income.
  • Training our staff in cultural competence and mental health issues.
  • Encouraging parties to use a lawyer or other helper if needed, with referrals to low-cost or free legal services.
  • Providing service through paper, telephone, online, and in-person at 61 Service BC locations.
what are the accident benefits?
Accident benefits are included in basic vehicle insurance coverage. This insurance will usually be with the Insurance Corporation of British Columbia (ICBC). If you’re from another province, you will have a different insurer.
There are four main types of accident benefits:
  • Medical benefits
  • Disability for homemakers
  • Income replacement
  • Funeral and survivor benefits, if someone died because of a motor vehicle accident
You can claim benefits if the accident happened within Canada or the USA. You can receive benefits even if the accident was your fault. Whether you’re entitled to benefits can depend on regulations and whether you meet the definition of “insured”.
The limitation period for an accident benefits claim is usually 2 years from the date of the accident. But it might be longer. This is set out in the Insurance (Vehicle) Regulation.
If you don’t agree with the insurer’s assessment about accident benefits, you can make a claim with the CRT. The CRT can decide:
  • If you should receive benefits
  • If benefits should continue
  • If benefits should start again after being cut off
Use the Solution Explorer to learn more, explore your options, and apply for CRT dispute resolution.
what is a minor injury?
Minor injuries are defined in legislation. A “minor injury” is a physical or mental injury that doesn’t result in a serious impairment or permanent disfigurement. This could include:
  • Bruising or cuts
  • A sprain or strain
  • Concussion
  • Certain whiplash-associated disorders
  • Pain syndrome, including pain that isn’t resolved within 3 months
  • Psychological or psychiatric condition that doesn’t result in incapacity
  • TMJ disorder
It’s not a minor injury if you’re assessed with a “serious impairment”. A serious impairment is when you’re substantially unable to work, go to school, or care for yourself for more than 12 months after the accident.
The full definition of a minor injury is in the Insurance (Vehicle) Act and regulations. Learn more about legislation.
Only the CRT can decide whether an injury is minor. The insurer or a healthcare provider can’t do it. The court can’t make a minor injury determination either.
If you make a claim with the CRT for both a minor injury determination and compensation (“damages”), the CRT will make the minor injury determination first.
Use the Solution Explorer to learn more, explore your options, and apply for CRT dispute resolution.
what are the Damages?
“Damages” can compensate you for things not covered by accident benefits.
Depending on your injuries and estimated recovery, a damages claim could cover things like:
  • Pain and suffering
  • Past income loss
  • Future income loss
  • Future care costs
  • Out-of-pocket expenses
  • Property damage to your vehicle, or things inside your vehicle at the time of the accident
If you’re not sure you qualify for other types of damages, you may want to get professional advice.
The CRT can award up to $50,000 for total damages.
If the CRT decides that your injury is minor, then compensation for the pain and suffering part of your claim is limited to $5,500.
Damages are based on who was at fault for the accident. For example, if you were found to be 50% at fault for the accident, you can only be awarded 50% of your claimed amount for damages.
Use the Solution Explorer to learn more, explore your options, and apply for CRT dispute resolution.

In general, the CRT can order that a successful party be reimbursed for their reasonable dispute-related expenses, including CRT fees.
However, the Accident Claims Regulation under the Civil Resolution Tribunal Act sets limits on expert evidence, independent medical examinations, and allowable expenses for disputes under the CRT’s motor vehicle injury jurisdiction.
These limits apply to disputes about:
  • The entitlement to receive accident benefits;
  • The classification of an injury as a minor injury; and
  • Liability and quantum (fault and damages) decisions for motor vehicle injury claims up to $50,000.
Independent Medical Examinations
For a dispute under the CRT’s accident claims jurisdiction, the CRT may appoint an expert to conduct an independent medical examination (IME).
A medical expert who conducts an IME is asked to give their independent opinion on the party’s injuries. This might include the nature and extent of the injuries, the diagnosis, and the expected recovery.

Allowable Expenses
There are limits on the amount the CRT may require a party to pay another party for their dispute-related expenses including expert reports, independent medical examinations, CRT fees, and legal fees.
Here’s a summary of these limits:
[td]
Category
Amount
Description
Fees, expenses and charges
$5,000
The CRT may require one party to pay another party up to $5,000 for fees, expenses and charges. This includes tribunal fees, expert fees, and legal fees. It does not include fees associated with an independent medical examination.
Experts
$2,000
The CRT may require one party to pay to another party up to $2,000 for each expert. This is included in the $5,000 limit per dispute for all fees, expenses and charges.
Independent Medical Examinations
$2,000
The CRT may require one party to pay to another party up to $2,000 for expenses and charges associated with an independent medical examination, plus reasonable travel and out-of-pocket expenses. This amount is not included in the $5,000 limit per dispute for all other fees, expenses and charges.
On April 1, 2019 the CRT will start resolving many motor vehicle accident injury (MVI) disputes in British Columbia.
This includes disputes about your entitlement to accident benefits, disputes about damages and fault up to $50,000, and determining whether an injury is a “minor injury”.
You might get a faster resolution if you negotiate a settlement with the insurer. But if you can’t reach a settlement on your own, the CRT is here to help.

If the accident happened before April 1, 2019, you can make a claim under our small claims jurisdiction. But the most you can claim is $5,000.
The Solution Explorer for motor vehicle accidents will guide you through this.
The negotiation process is voluntary, and you don’t have to participate in it.
But if you reach a negotiated agreement, your application fee will be refunded and your agreement will be turned into an enforceable court order.

CRT decisions for motor vehicle injury disputes are subject to judicial review. This means that you can ask the BC Supreme Court to review the CRT’s decision.





 楼主| 发表于 6/4/2019 23:18:32 | 显示全部楼层
Minor injury determination disputes
If your injury falls within the minor injury definition found in regulations, this only affects your compensation for pain and suffering — not your access to benefits and treatments. If you want to dispute a minor injury determination, here's how to proceed.
About the minor injury determination
B.C's minor injury definition includes injuries such as sprains, cuts, and minor whiplash — read the full definition of a minor injury.
A medical professional – not ICBC – will diagnose your injury, and ICBC will use this diagnosis to assess whether it is minor or not, based on the minor injury definition found in regulations. The determination of an injury as minor only affects your compensation for pain and suffering, not the medical treatments and benefits you need to recover.
Talk to your ICBC claim representative
Start by talking with your claim representative. It's important that both of you understand all the factors involved. It's also your opportunity to point out any details that may have been overlooked or ask questions about how the minor injury determination was made.
If you're still not satisfied after speaking with your claim representative, you can ask to speak to their manager. The determination may be able to be changed, for example, if the injury is impacting your life for longer than 12 months, or 16 weeks in the case of concussions or mental health conditions.
File a dispute with the Civil Resolution Tribunal
From April 1, 2019 and onward, the Civil Resolution Tribunal (CRT) is available to address certain disputes between customers and ICBC, including minor injury determination disputes.
The CRT is independent of ICBC and can solve some disputes without involving legal representation. Find out more about filing a dispute and how the CRT may be able to help

​Filing a dispute
If you don't agree with an assessment or decision we've made about your claim, you have options for disputing it.
Whether a responsibility assessment, minor injury determination, denied benefit, or settlement offer, you have options for disputing assessments or decisions made about your claim.
Talk to your ICBC claim representative
In all cases, you should talk to your claim representative first. It's important that both of you understand all of the factors taken into account and this is your opportunity to point out anything that might have been overlooked or ask questions about how the decision was made.
If you are still not satisfied after speaking with your claim representative, ask to speak to their manager and they will review the details of your claim.
Claims Assessment Review
If you still haven't resolved the matter after speaking with your claim representative and their manager, you may be eligible for a Claims Assessment Review (CAR). A CAR can resolve responsibility assessment disputes only, for claims that do not involve injury.
File a dispute with the Civil Resolution Tribunal
As of April 1, 2019, the Civil Resolution Tribunal (CRT) is available to resolve disputes between customers and their auto insurer, including ICBC. The CRT is independent of ICBC and can resolve disputes about:  
  • minor injury determinations
  • accident benefit entitlements
  • who is responsible (at fault) in a crash (for claims up to $5,000)
  • settlement offers (for claims up to $50,000).

The CRT process can be completed online, by mail, or over the phone. It doesn't require legal representation, and can lead to faster resolution than going through the court system. CRT decisions are binding.
CRT Solution Explorer
Start with the CRT's Solution Explorer, which provides free legal information and tools that can help you resolve the dispute. It helps to diagnose your dispute and prepare you for applying for dispute resolution with the CRT.
Dispute your claim in court
Some disputes can also be filed in small claims court or B.C. Supreme Court. Please note, cases in court could take several years to resolve and the court has the final say. If a judge makes a ruling that changes a decision, we will adjust ours to match the ruling.
Concerned about our service?
If you have concerns about the service you received — for example, you feel your ICBC representative didn't handle your claim appropriately — you can raise your concern through various channels, including our Customer Relations department and the Fairness Commissioner.
Find out how to raise your concerns with us.


 楼主| 发表于 6/4/2019 23:23:09 | 显示全部楼层
Raising your complaints
If you're not happy with the service you've received from us, we want to work with you to make it right.
If you want to dispute a decision related to your claim, such as a responsibility (fault) assessment, find out about how to proceed on our Appeals and disputes page.
Fairness process
When you have unresolved questions or concerns, talk to us. We'll look into your issue and do our best to find a solution.
Here are the steps that can help get the dialogue started.









Speak to a manager or supervisor

If you're not happy with the service you've received, we encourage you to start by contact the manager or supervisor at the ICBC office you've been dealing with.
The manager or supervisor can:
  • Listen to your complaint and try to resolve the problem.
  • Discuss the reasons for a decision and give them in writing, if that's what you want.
  • Explain the review and appeal processes that may apply to your situation.
  • Provide information you may need if you want to escalate your concern.

In many cases, they'll be able to resolve your issue quickly.


Contact our customer relations department

If the manager/supervisor wasn't able to resolve your issue, or you used an appeal process but aren't satisfied, our customer relations department can help.
A customer relations advisor can:
  • Explain the details of our products and services.
  • Help you understand the decisions and actions related to your concern.
  • Refer you to alternatives that you may not know about or haven't tried.
  • Investigate a decision or process that you believe was unfair and help resolve the issue, if possible.
We also work with these agencies to help resolve ICBC-related complaints and questions:
  • ICBC's fairness commissioner
  • B.C.'s Office of the Ombudsperson
  • MLA constituency offices
  • Better Business Bureau
How to reach us
Phone1-800-445-9981
604-982-6210
Monday to Friday:
8:30 a.m. - 4:15 p.m​
EmailCustomer Relations
Fax604-661-2896​
MailCustomer Relations
151 West Esplanade
North Vancouver BC V7M 3H9


Write to the fairness commissioner

If you're not satisfied with our responses after going through the channels above, you may want to write to Peter Burns, Q.C., ICBC's fairness commissioner.
The fairness commissioner can:
  • Help you and ICBC resolve the concern.
  • Make recommendations to ICBC to resolve the complaint.
  • Recommend mediation or arbitration.


B.C. Ombudsperson review and recommendation

If the fairness commissioner can't resolve your concerns, there's still another step to consider. The B.C. Ombudsperson may look at your issue and make recommendations to ICBC.










Supplier complaints
Do you supply goods or services to ICBC? If you have a complaint, please let us know so we can try to address your concerns.







 楼主| 发表于 6/4/2019 23:36:13 | 显示全部楼层
High-risk driving
High-risk driving behaviours, like failing to yield, increase our chances of being in a crash.
High-risk driving includes behaviours such as failing to yield, ignoring traffic control devices, following too closely and improper passing.
​Failing to yield in B.C.
Intersections are hot spots for failure-to-yield crashes – they’re busy locations where a number of road users need to cross paths and share space.​
Pedestrians are perhaps at the greatest risk when drivers fail to yield in intersections, specifically when drivers are making left turns. Seven out of ten pedestrians who are killed in intersections are hit by vehicles turning left when the pedestrian has the right of way*.
When turning left, carefully scan crosswalks and check over your shoulder. Don’t let pedestrians be your blind spot.
  • Don't count on others to obey the rules of the road, or to make allowances for you.
  • It may not always be easy to decide who has the right-of-way at intersections. Signs and traffic signals often help determine who needs to yield to whom. If in doubt, always be ready to give the right of way. You can learn more in our Learn to drive smart guide.


Ignoring traffic-control devices
It can seem tempting to roll through a stop sign or other traffic control device, but doing so puts you and other road users at risk.
  • When you're approaching a light that's been green for a while, prepare yourself to stop if the light changes.
  • Remember that yellow lights mean you must stop unless it's unsafe to do so.
  • Be sure to come to a complete stop at stop signs and red lights, even when turning right.


Following too closely
Tailgating not only leaves you less room to stop in an emergency, it increases your risk of being rear-ended by another vehicle.
  • Always leave a safe following distance to give yourself more time to react to the unexpected.
  • You need a following distance of at least two seconds in good weather and road conditions.
  • Allow at least three seconds when you're behind a large vehicle that could block your vision or a motorcycle that could stop very quickly.


Improper passing
Passing can be dangerous, especially when your line of sight is obscured.
  • If you're planning to pass, make sure you can do it safely and legally. Keep within the speed limit and communicate clearly by using your signals.
  • Do not use the right lane to pass. Pass only if there is no oncoming traffic.​​
  • Before you pass a vehicle, be sure to signal, mirror check and shoulder check.​
  • Ensure you can see the vehicle you've passed in your mirrors before pulling back in front of it.
  • When you pass or change lanes in front of a truck, make sure to leave extra room before pulling back in.
  • Always stop and yield to school buses, watch for children, and drive very slowly around parked school buses.



 楼主| 发表于 6/5/2019 14:42:23 | 显示全部楼层
本帖最后由 郭国汀 于 6/5/2019 15:46 编辑

Collision claims
If you've been in a crash with another vehicle, suffered a hit and run, or hit an object and suffered damage to your vehicle, we’re here to help.
Am I covered?
If you purchased ICBC Collision coverage, or the other driver is wholly or partially at fault, then all or most or your vehicle’s repair costs are covered.
Damage to another driver’s vehicle is not covered by your ICBC Collision coverage. Your liability coverage would pay for these costs, if you caused the damage.
Steps of your collision claim
Here's what to do and what you can expect when you make a collision claim.
Step 1: Report your claim online or by phone
You can report your collision claim online or by phone.
If you’ve suffered an injury during your collision, you will be asked for details when you report your claim. Find out more about Injury claims.
If you have a police file number, please have it ready when you report your claim.
Step 2: An adjuster is assigned to your claim
The adjuster gathers as much information as possible about the crash and reviews the claim details, considering the rules of the road as outlined in the Motor Vehicle Act. They may consult other resources and/or use investigation tools.
The adjuster will also determine responsibility (also called fault or liability) for the crash and keep you updated on the claim.
Step 3: Get an estimate of the damage
An estimator examines the damage to your vehicle, then writes up an estimate of the repairs needed and their cost. Find out more about Getting a damage estimate.
The estimator’s findings may also help the adjuster assess responsibility for the crash.
Write-offs
If it is not economical to repair the vehicle, it may be deemed a write-off. You’ll receive a settlement amount for the vehicle’s market value. Find out more about Write-offs.
Step 4: Get your vehicle fixed
You can have your vehicle fixed at the repair shop of your choice.
We recommend using an ICBC-accredited facility as your repairs will be guaranteed for as long as you own your vehicle. Find an ICBC-accredited repair shop.
Step 5: Pay a deductible (if required)
ICBC pays most shops directly for the estimated repair work.
When the repairs are done, you may have to pay a deductible to the shop. A deductible is the amount you have to pay towards repairs before your insurance covers the rest.
You may have to pay depreciation on some parts and/or labour that are subject to wear and tear. Talk to your estimator for details.
Will I have to pay more for insurance?
If you're more than 25 per cent responsible for a crash, you will likely have to pay more for insurance unless you have a long, claim-free record. The premium on your Optional insurance may go up, too.
Find out more about Claims and your insurance costs.

 楼主| 发表于 6/14/2019 16:10:47 | 显示全部楼层
to buy car insurance originally is to buy a peace of mind; however, last year I bought car insurance expend to third liability, collision, and comprehensive coverage in order to have a peace of mind, instead, I have been suffering disturb mind since 30 July 2018, when an accident happened which unfortunately damage both cars and fan slightly.

as if that accident not bad enough, the insurer started to deny liability after that day for alleged breach the term and condition of the contract, which of course is nonsense in my opinion, after nearly a year repeatedly harassment plus a highly possible un-ethnic lawyer oil the other driver who turn from friendly to greedy one, claim so-called personal injury! the insurer not only deny my claim for damage costs of my car but also trying to force me to compensate the other side driver's claim for so-called injury and damage!

Canadian vehicle insurance act is different to Chinese relevant law, after research and study, I am quite sure the insurer is totally wrong to charge in the case, we will go to court to resolve the dispute soon.
 楼主| 发表于 6/15/2019 20:08:26 | 显示全部楼层
these months, I have tried to study relevant act and regulation preparing the lawsuit against the insurer, I have no idea why my mind is hardly focused on the case, instead always skid away from the dispute, sometimes wander in the forest, other time simply fall into deep thinking, still some weeks just do nothing at all, time fly away and this is the high time have to focus my mind to defend the right and justice for me.

provided that I am a law practice in Canada, the case really a very small one, and should be handled for a few day, will enough resolve the issues, but the case took me nearly one year still hound around me and make me impossible to have a peace of mind until they settle down the dispute.


 楼主| 发表于 6/15/2019 23:39:54 | 显示全部楼层

This summary report shows all the steps you took in your exploration, the resources we showed you, and what you can do. If dispute resolution is available, you can start a claim application at the bottom of this report. Remember that a limitation period may apply. It could run out if you wait too long to take action.

To return to this report:

Your access code is: 6stynNHGN

Access expires in 32 days on July 18, 2019


Disputes

Your exploration found 1 dispute(s). If you have more than one dispute, use the tabs to switch between them.


  • Dispute 1

Motor vehicle accident disputes - accidents before April 1, 2019 - property damage

You told us you were in a motor vehicle accident before April 1, 2019. The accident caused property damage.

The next step you want to take is:

  • Ask the Civil Resolution Tribunal (CRT) to award compensation

Your self-help tools are:

  • Information sheet "Making a Claim with the CRT"

Your claim will be under the CRT's small claims jurisdiction. This means you can claim up to a maximum of $5,000. If you want to claim more than $5,000, you must go to court instead.



Resources
  • INFO: The CRT and Motor Vehicle Accidents

  • INFO: About Property Damage from Motor Vehicle Accidents - Small Claims

  • INFO: Making a Claim with the CRT



Additional External Resources
Information You Provided
  • I'm not an authorized employee of an insurer
  • I've reported the accident to an insurer
  • The accident happened before April 1, 2019
  • My issue is about property damage
  • I want the Civil Resolution Tribunal (CRT) to award compensation
  • My claim is between $3,001 and $5,000





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