Motorcyclists and their passengers are vulnerable to serious and sometimes life-altering injuries if involved in even a minor road accident. At Murphy Battista LLP, our lawyers have extensive experience helping people who have suffered severe injuries in all kinds of scenarios. Our expertise helping people who have been in motorcycle accidents includes acting for clients with catastrophic injuries like traumatic brain injury, spinal cord injuries, amputations, and orthopedic injuries. The relative lack of protection (even with appropriate riding gear) means the combination of injuries a rider or passenger can sustain varies. They can include torn ligaments and muscle tears, herniated discs, thoracic outlet syndrome, burns and nerve damage, as well as chronic pain and psychological injuries like PTSD, anxiety and depression.

Several of our lawyers are motorcycle enthusiasts. In addition, Daryl J. Brown, Associate Counsel with the firm, is an experienced trial lawyer, former professional drag racer and motorcycle safety instructor. Daryl also has direct experience on the client side, having been the victim of a serious motorcycle accident himself.

If you have a motorcycle accident in BC, you are covered under BC’s motor vehicle insurance scheme, which is superior to many auto plans elsewhere in Canada. For example, you are entitled to receive medical rehabilitation benefits even if you were liable for the accident, not directly insured by the Insurance Corporation of British Columbia (ICBC), or you were hit by an “out of province” vehicle or rider.

Coverage is also available when the other vehicle is uninsured or unidentifiable. While it is reassuring to know that if you are injured in a motorcycle accident and require care, you need to understand your rights and responsibilities when dealing with your insurance company.

It is common for motorcycle accidents to result in serious injuries. In the case of a severe injury, it is also common for ICBC to act quickly to defend its interests, so it is critical to seek legal advice to ensure you are not taken advantage of by the insurance company. The situation in British Columbia has also become more complicated because of the introduction of a full “no-fault” system that removes an injured person’s ability to sue the negligent person who caused their injury in court. The new system came into effect May 1, 2021, and applies to accidents that occurred after this date.

The BC Insurance (Motor Vehicle) Act requires that ICBC provide certain medical rehabilitation benefits and partial wage loss benefits to those that qualify. Medical benefits include access to rehabilitation specialists and various facilities.

When you have suffered serious injuries, ICBC must take care of all reasonable expenses incurred as a result of the injury. Under Part 7, Section 88(1) of the Insurance (Motor Vehicle) Act that includes reasonable expenses for necessary medical, surgical, dental, hospital, ambulance, and professional nursing services, as well as other rehabilitation expenses, e.g., physical therapy, chiropractic treatment, speech therapy, or the costs of prosthesis or orthosis.

However, exactly what medical benefits and how much TTD’s you are entitled to can be complicated. The criteria you must meet to collect your benefits and continue receiving them can be confusing. The conditions are numerous and ongoing, sometimes resulting in foregone entitlements. This is a situation where having a lawyer can help.