Have You Been Injured by a Drunk Driver?
Under ICBC’s Enhanced Care policy, you can sue an at-fault driver if a Criminal Code offence has been committed, such as impaired driving. If this has happened to you or your loved one, please contact us now for expert legal advice.
Accidents involving impaired drivers
It is illegal to operate a vehicle while impaired by alcohol or drugs. But sadly, it still happens. Every year, people across Canada are hurt or killed by intoxicated drivers. Often there follows a police investigation, resulting in a criminal conviction. And while this does provide a sense of justice, it offers little practical support for the victims. Those who are harmed must face the physical, psychological and financial fallout of the accident. Those who are fatally injured leave behind a grieving family who must try their best to pick up the pieces.
There is, however, further recourse available through the civil courts. Anyone injured by an intoxicated driver in British Columbia can pursue a personal injury claim. This allows the injured person (or their family) to claim compensation for their damages. This compensation goes above and beyond what would otherwise be offered by ICBC, as it accounts for things such as out-of-pocket expenses. Although this cannot undo the driver’s actions, it does provide a huge amount of financial support going forward.
ICBC’s Enhanced Care policy
You may be concerned that you are no longer able to make a personal injury claim for a motor vehicle accident due to ICBC’s Enhanced Care policy. This was introduced in May 2021 and effectively creates a no-fault system. This means that accident victims cannot sue an at-fault driver any more – unless that driver is convicted of a Criminal Code offence such as impaired driving. So, if you have been injured by an intoxicated driver, your case is one of the exceptions to the rule. If the driver is found guilty in a criminal court, then you can make an accident compensation claim.
If you have been injured by a drunk driver or a drug driver, please contact us at John Mickelson Law Corporation. We deal exclusively with personal injury claims and can help you pursue a lawsuit against the driver at fault. We also help families who have sadly lost a loved one due to another driver’s reckless behaviour. Despite ICBC’s Enhanced Care coverage, legal action is still an option for those injured by impaired drivers. We can advise you further.Go back to Blog