For decades there wasn’t much difference between the way personal injury claims stemming from car accidents were handled in BC and Washington. And then everything changed.

In 2021 BC instituted a “no-fault” system. That meant that it didn’t matter who caused the collision, claims by one driver were not allowed against another. The Province provided medical and wage loss benefits to the injured driver. And that was it. No damages for pain and suffering. No damages for loss of enjoyment of life.

Probably 99.9 percent of Washington drivers were and are unaware of the law change. And most importantly, how it might impact them if they get hurt in a wreck in BC. (It’s not like there’s a reader board in the Nexus lane that announces these changes or flashes a warning.)

If you get hit by a BC driver in BC you can’t sue them. But you should be able to seek benefits under your UM (uninsured motorist) coverage, right?

The BC lawyers I’ve surveyed have told me that Washington UM carriers are not paying these claims. How come? Because technically BC residents are “insured.”

I think that needs to be challenged. Carrying “no-fault” coverage is a far cry from having a bodily injury liability policy.

Many carriers define an “uninsured motor vehicle” as a vehicle to which no bodily injury liability policy applies. And that’s exactly the scenario when a Washington driver is hit by a BC driver in BC. The BC driver does not have insurance to cover essential components of a bodily injury claim (including pain, suffering, loss of quality of life, etc.).

If you know someone who has been hurt in a BC collision have them get in touch with their office. Particularly if they sought but were denied UM benefits. We’d love to challenge that denial and more broadly get Washington UM insurers paying the benefits they owe to Washington drivers injured in BC.