What is the difference between my Tort claim and my no fault benefit claim?
In B.C., no fault benefits are available through ICBC to assist with your medical treatment and rehabilitation. These benefits cover some of your out-of-pocket needs such as medical bills, prescriptions and treatments such as physiotherapy, massage and chiropractic. It is available to provide some contribution to loss of wages or homemaker replacement. This claim is actually one you have directly against ICBC. The Tort claim is a claim against the person(s) who wrongfully caused your loss or injury. It includes those losses which your no fault claim didnt fully cover. Additionally, it allows you to claim for: (a) pain, suffering and loss of enjoyment of life (b) past and future income loss including loss of earning capability (ability to earn) (c) cost of past and future care (d) in trust claims for services provided by family members (e) out-of-pocket expenses (f) a contribution to legal fees and disbursements.
