ICBC Cases

ICBC CLAIMS

Important things to remember

Time Limits

Legal claims have rules about how quickly a person must file a claim to protect their rights. Generally speaking, adults have two years from the date of an accident to sue the responsible party. If they do not do so, the law will prevent them from getting the compensation they deserve. While sometimes it is possible to get the court's permission to extend the time limit so that a person can file a claim, the best thing to do is consult a lawyer right after an accident to make sure no limitation periods are missed.

Insurance Benefits

People injured in a car accident are entitled to two types of benefits from ICBC. First, there are "no fault" benefits. These are benefits provided to a person regardless of who was at fault for the accident. Typically, these benefits provide compensation for:

* some medical and rehabilitation costs
* partial replacement for wages
* compensatation for an inability to do house work

No fault benefits are usually the smallest part of a person's total compensation. They provide only a fraction of the real cost of an accident on a person's life.

Second, there are "tort" benefits. These are benefits that can only be claimed by people injured by the fault of someone else. The purpose of these benefits is to compensate an innocent person for the real cost of an accident in that person’s life. Tort benefits include:

* money for pain and suffering
* past and future wage loss
* cost of care and all reasonable expenses caused by the accident

Tort benefits can be substantial. There is no limit on what the court can award. The amount of compensation is only limited by the evidence.

How ICBC Handles A Claim

As a monopoly insurer, most people think of ICBC as "their" insurance company. This is only partially true. Most of the compensation for an innocent person comes from ICBC as the insurer for the at-fault driver. ICBC has an obligation to the at-fault driver to pay out as little as possible to the innocent person. This is in direct conflict with your right as an innocent person to get the reasonable and fair compensation you deserve for your injuries.

ICBC is only too happy to deal directly with you as an unrepresented person. Without legal counsel, ICBC can get you to sign forms and give them information that can be used against you, not only in your current case, but in future cases as well. ICBC has data bases that are designed to record almost everything that you tell them about your case. When it comes time to settle your claim, ICBC will use this information to make you an offer with no real way for you to determine if their offer is fair.

The Role of a Lawyer

A lawyer acting on your behalf has only one loyalty... you.

This loyalty should be combined with specialized knowledge about the value of your claim, and the ability to ensure your rights are protected. Protecting your rights does not necessarily mean going to trial. In fact, 90% of personal injury cases settle without going to trial. But by gathering the information needed on your behalf, your lawyer can prevent ICBC from obtaining the information they want to use against you. More importantly, your lawyer can talk to ICBC for you, so that anything you say will not be used against you at a later date.

Because your lawyer's compensation should be a percentage of the amount you receive, your lawyer should be motivated to make sure you receive the maximum compensation you are entitled to under the law.