Criminal driving offences
Certain convictions connected with the crash can create an exception to the general bar on bodily-injury actions.
For accidents on or after May 1, 2021, the Insurance (Vehicle) Act bars most actions for bodily injury caused by a vehicle. The Act contains limited exceptions, so the answer depends on the specific facts.
ICBC specifically notes that legal action can still be available in rare situations, including where an at-fault driver is convicted of certain Criminal Code driving offences. The Act contains the complete statutory exceptions.
Certain convictions connected with the crash can create an exception to the general bar on bodily-injury actions.
The Insurance (Vehicle) Act section 116 should be reviewed for the full legal wording and other exceptions.
Pre-May-1-2021 accidents are governed under a materially different legal framework.
Pre-2021 claims →Legal advice can matter where the crash may fall within an exception, the accident occurred outside BC, multiple insurance systems overlap, the injuries or financial consequences are significant, or a limitation period is uncertain.