Diamond & Diamond™

Who Can Claim Compensation?

Publish on : September 26, 2017 by Diamond and Diamond Lawyers

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Virtually anyone who has been injured in a motor vehicle accident in British Columbia may have a personal injury claim. This is true even if you were not in a vehicle at the time of the incident. Cyclists, pedestrians, and passengers may all have personal injury claims. In fact, even infants and unborn children who have been injured may also have a legal claim.

If you have been injured due to someone else’s fault, you may be entitled to compensation. That payment will help you and your loved ones put your life back together after a car crash. Your rights may vary depending on your role in the accident.


Perhaps the most common injured party in a car crash is the driver. Even if you are a cautious driver, other drivers may not be as careful, and you could still be involved in an accident. Drivers may suffer a broad range of injuries, including minor damage like scrapes and bruises to serious, long-term injuries like traumatic brain injury or spinal cord injuries.

Even if you were at fault or partially at fault, you can still make a claim for your injury based on your “no-fault” benefits from ICBC.


If you were riding your bicycle and you were hit by a vehicle, you could likely make a legal claim for compensation. Cyclists are particularly vulnerable to being involved in car accidents because drivers often do not keep a look out for cyclists as they should.

Because bicycles offer little to no protection against vehicles, cyclists are often seriously injured following an accident with a car. In fact, even if the cyclist injures him or herself by taking evasive action to avoid an accident, the driver may still be at fault for your injuries.

In addition, bicyclists can often also claim “no-fault” benefit from ICBC, even if they were partially at fault for the collision.


Some of the most catastrophic injuries in car accidents involve pedestrians. Pedestrians are often not fast enough to move out of the way of a vehicle, and a collision with a car can result in severe injuries and even death. Pedestrians often have the ability to seek compensation from the driver that hit him or her.

ICBC also provides “no-fault” benefits, even if you were at fault or partially at fault, in most pedestrian-vehicle accidents.


Passengers can also be seriously injured in an accident, whether that accident was the result of running into another vehicle or an inanimate object. Passengers may have legal claims against both the other driver of the vehicle that hit him or her and the driver of the vehicle in which he or she was a passenger. The unique circumstances of your situation will dictate whether involving both parties is appropriate.

Most passengers will also be able to get benefits under their “no-fault” coverage from ICBC, or the driver’s coverage, as well.

Infants and Unborn Children

Even children may have a legal claim if they are involved in an accident. BC law is especially protective of children because they often cannot effectively assert their own rights in these types of situations. Further, mothers of unborn children may also be able to assert their baby’s rights after an accident as well.

There are certain limitations and time constraints that apply to these types of claims, so it is especially important to speak with a lawyer if you want to make this kind of claim on behalf of your child.

Children may also apply for “no-fault” benefits as well, but there are time limitations for those benefits, too. In addition, as another means of protection for children, the Public Guardian and Trustee must approve any settlement with the ICBC claim.

At Diamond and Diamond, we can help you determine whether you have a viable legal claim, no matter your situation. Call our 24/7 injury hotline at 1-800-567-HURT or visit our website to speak to someone now about your claim. Consultations are free.