Who is Sued for Injuries and Damages
Although ICBC is the one paying and defending most claims, you actually sue the driver and owner of the at-fault vehicle(s). You do not sue ICBC. For example, if you are a passenger in a vehicle driven by one party, which strikes another vehicle, depending on who is at fault, you may pursue your personal injury claim against one, or both, of the drivers involved in the accident. ICBC simply steps in and appoints its own defense counsel to address the claim. ICBC then pays out the claim settlement or judgment.
ICBC is directly sued in a lawsuit if you are trying to pursue Part VII benefits (i.e. disability and medical expense benefits) and ICBC is denying payment. Also, they are directly sued if it is a hit-and-run claim.