Personal Injury Claims

There are special rules for personal injury claims.

You aren't allowed to sue for most car accident injuries

If your personal injury claim comes from a car accident, the rules above generally don't apply to you. Since 2021, BC has used a no-fault system called Enhanced Care. Under this system, you can't sue the at-fault driver for most motor vehicle injury claims, even if the accident wasn't your fault.

Instead, you claim benefits directly from ICBC. These benefits are available no matter who caused the crash, and can include:

• Medical and rehabilitation costs, such as physiotherapy, massage therapy, and counselling
• Income replacement if you can't work because of your injuries
• Compensation for permanent or catastrophic injuries
• Death benefits, including funeral costs and grief counselling, for family members

If you disagree with how ICBC has assessed your claim, you don't go to Small Claims Court. Instead, you follow this process:

1. Talk to the ICBC recovery specialist assigned to your file
2. If that doesn't resolve things, ask for a claims decision review by ICBC
3. If you still disagree, you can take your dispute to the Civil Resolution Tribunal (CRT)

When you can still sue for motor vehicle accident injury

There is one exception. If the at-fault driver is convicted of a criminal offence related to the crash (for example, impaired driving), you may still be able to sue them for damages.

If you aren't sure whether your situation falls under Enhanced Care or under the regular personal injury process described above, it's a good idea to speak with a lawyer or contact the CRT for guidance.

If your personal injury claim started in Small Claims Court...

If you are claiming damages for injury to yourself, must file a Certificate of Readiness within 6 months of the date you served the Notice of Claim and before the settlement conference is held. In the Certificate of Readiness, you should include: 

• That you are willing to discuss settling the entire claim at a settlement conference
• All medical and other reports and records that you intend to rely on to prove your claim for expenses and losses

If you are the claimant, be aware that the defendant can apply to a judge and ask that you attend a medical doctor or another regulated medical professional for an examination at their expense.

Serving a Certificate of Readiness

Within 14 days of filing a certificate of readiness, you must serve a copy on the other parties and include all the attachments. 

Getting an Extension

If necessary, you can ask the court to extend the six-month time limit by making an Application to a Registrar. This application may be made either before or after the initial deadline has expired.

If your claim started in the Civil Resolution Tribunal

It's a bit different if your claim started in the CRT and has been transferred to Small Claims Court. If are the claimant, you must file a Certificate of Compliance (Form 37) within 6 months of filing a notice of civil resolution tribunal claim only if at least one reply has been filed. For personal injury claims the certificate of compliance should include all medical and other reports and records that you intend to rely on to prove your claim for expenses and losses