ICBC Lawyer Vancouver

What You Need to Know Before You Contact ICBC

Car accidents occur every day in British Columbia. Many result in little more than minor property damage that is easily fixed. Some accident claims are more complex, however, as they involve potentially life-threatening bodily injuries to drivers or passengers. Many more fall between these two extremes.

One thing that is common to most B.C. motor vehicle accidents, however, is the role of the Insurance Corporation of British Columbia. ICBC is the Crown corporation that provides basic insurance to all vehicles registered in British Columbia, or ICBC. By law, drivers are required to notify ICBC of any accident that occurs involving an insured vehicle. But it is critical to understand exactly what this reporting obligation entails.

The first thing to keep in mind is that you do not have to deal with ICBC on your own. You always have the right to contact and work with a qualified Vancouver ICBC lawyer.

What You Need to Tell ICBC

You do need to promptly notify ICBC anytime you are in a car accident, if only to preserve a potential claim for benefits. As a general rule, you should notify them within 24 hours. Notice is typically made by contacting ICBC’s Dial-a-Claim number (604-520-8222 in the Lower Mainland, otherwise 1-800-910-4222) or filling out an online form. ICBC accepts claims 24 hours a day, seven days per week.

At this stage of the process, you only need to provide basic information about the accident. This includes most of the information you should have gathered at the accident scene: the time and location of the incident, the licence plate numbers for all vehicles involved, driver’s licence information, and witness information. Although ICBC may ask you more detailed questions about what happened–i.e., who was at-fault–you do not need to get into this during the initial notification. You also do not need to provide any details on your injuries.

What You Should Not Tell ICBC

Once you contact ICBC, the most important thing to understand is that anything you say can be used as evidence. ICBC is not a court. It does not have to advise you of your rights to speak with a lawyer. Nor are there any Charter privileges against self-incrimination. ICBC lawyers may use your statements in ways that could hurt your claim.

ICBC adjusters are often eager to quickly settle or deny a claim. To that end, they may ask to meet with you personally. At said meeting, they may present you with a written statement to sign. Legally, you are not required to sign any such statement. As long as you made a timely notification of the accident–and followed up by filing an accident benefit claim form–the adjuster cannot compel you to sign any written statements.

Following an accident, even a relatively minor one, you are in a vulnerable position. You may be suffering physical or mental trauma and your car may have been seriously damaged. Between trying to get better and getting your vehicle fixed as soon as possible, you may have little energy left to make sure that the ICBC adjuster has accurately assessed your claim.

What Happens with a Hit and Run Claim?

In order to recover compensation in the case of a hit and run, you must take all reasonable steps to identity the person who hit you, which generally includes:

• reporting the accident to ICBC right away (by phone or online, as noted above);
• reporting the accident to the police right away, and following up on their investigation;
• putting an ad in the newspaper asking for witnesses;
• putting up signs around the accident site asking for witnesses;
• canvassing the area for potential witnesses; and,
• reporting the accident to ICBC in writing.

The underlying concern for requiring extra steps in hit and run claims is to prevent fraudulent claims from people not actually involved in accidents. Unfortunately, the additional steps also have the effect of preventing deserving people from receiving fair compensation. The onus is on you to take all reasonable steps. Otherwise, your claim could be completely barred.

Few people know about the onerous steps you must take to preserve your right to make an ICBC claim after a hit and run accident. This is because ICBC will not (and does not legally need to) tell you what steps to take after a hit and run accident, meaning many well-intentioned people who report accidents to ICBC are barred from ever making a claim.

People injured in hit and run accidents have access to $200,000 in insurance policy limits. Any amount owed over and above the initial $200,000 policy is paid out from the injured party’s underinsured motorist protection, if any.

What You Need to Know About Valuing Your Claim

An experienced ICBC lawyer can also assist you in properly valuing your potential claim. This is especially important when it comes to dealing with medical costs and injuries that go beyond simple repairs to your car. An ICBC adjuster is trained to offer a quick settlement that is potentially worth less than your actual damages. The adjuster is counting on the fact that you do not realize the full measure of your own injuries.

Indeed, there are many cases where B.C. accident victims never realize the full value of their claim because they do not even bother to seek proper medical attention following an accident. Some people may wait days, even weeks, before going to a clinic or their regular doctor. Such delays send a clear message to ICBC: You were not seriously injured, so we don’t have to worry about paying for your medical expenses.

Unfortunately, there are many accident injuries that are not immediately obvious. If you suffered a traumatic brain injury (concussion) or a neck injury (whiplash), for instance, it may take a few days for symptoms to fully manifest. And even if you seek treatment once symptoms do appear, ICBC can argue that your injuries are unrelated to the accident because you waited and did not seek immediate medical attention.

When all is said and done, even a “simple” car accident can cost you thousands of dollars. But you are not in the best position to know this a day or two after the accident when you report the incident to ICBC. An adjuster will be quick to settle your claim but in many cases, you may be able to recover significantly more damages.

An accident is not always as simple as it first appears. Documenting the causes of the accident, as well as the full measure of a victim’s injuries, can require a significant investment of time and resources. Some cases require the services of outside experts to properly explain any contested issues to a judge.

Proving Fault in a Car Accident

Starting on May 1, 2021, the province adopted a no-fault auto insurance model. If you were not at-fault for a car accident, it is essentially impossible to sue the person who is found at-fault in British Columbia. This is because no-fault insurance limits the liability of whoever is responsible for an accident. The only exception is if the at-fault driver was convicted of a criminal driving offence related to the accident, such as operating a vehicle under the influence of alcohol. It is also still possible to sue for damages related to an accident that occurred before May 1, 2021.

If you do make a third-party liability claim for injuries suffered in a vehicle accident (again, if the accident occurred before May 1, 2021), you must be able to prove the other driver caused the accident to succeed.

In such cases, lawyers such as those from Preszler Injury Lawyers will work to compile the evidence that establishes the other driver’s liability. (Preszler is unable to represent people whose claim is related to an accident that happened after the May 1, 2021 date.)

In many cases, establishing liability requires establishing that the other driver violated the Motor Vehicle Act.

• Rear-End Collisions: Motor Vehicle Act, section 162 requires drivers follow at a safe distance so they have enough time to stop safely. Failure to abide by this law can lead to a rear-end collision.
• Running a stop sign or red light: Motor Vehicle Act section 186 requires drivers stop at stop signs while section 129 requires drivers stop at red lights, respectively. Drivers who violate these laws can cause serious wrecks that cause catastrophic injuries.
• Left-Turn Collisions. Motor Vehicle Act, section 174 deals with who has the right of way during left-turns. Even when someone makes an unsafe left-turn, the other driver must take reasonable precaution to avoid the accident, which is why responsibility can often be split between both drivers for left-turn accidents.

Types of Injuries in Car Accidents

Part of getting the compensation you need after a car accident is establishing the medical bills and related damages that you sustained. This largely corresponds to the severity of your injuries. ICBC offers Enhanced Care benefits as part of the 2021 switch to no-fault insurance, which will pay out a maximum lump sum of about $300,000 for catastrophic injuries, like losing the use of a limb.

ICBC offers a range of post-accident recovery support, from paying for various treatments (such as physiotherapy), to replace lost income, and to pay for personal services like housekeeping.

Most people injured in motor vehicle accidents are entitled to ICBC benefits (often called “Part 7 Benefits”) for lost income and treatment expenses, even if the accident was their fault. Treatments such as physiotherapy, chiropractic care, massage therapy, counselling, occupational therapy and attendant care are expensive. Obtaining Part 7 benefits can make a real difference in your life by ensuring you are able to afford the treatment you need to manage or recover from your injuries.

Under the new Enhanced Care benefits, this support could last for as long as necessary, up to the rest of the injured person’s life. However, for the most part, ICBC determines whether or not ongoing treatment or care is necessary and you will need to maintain a long-term relationship with ICBC to receive support.

Some common injuries in ICBC accidents include:

• Whiplash, which generally includes neck pain, headaches and back pain
• Broken bones, commonly bones in the arms and legs
• Torn ligaments and tendons, particularly to the knees and shoulders
• Herniated discs, disc bulges and back pain
• Chronic pain, which refers to pain that has not resolved after six months
• Spinal cord injuries, including fractures to vertebrae, paralysis and quadriplegia
• Brain and head injuries, including concussions, moderate and severe traumatic brain injuries

What You Need to Know About Legal Deadlines

Depending on the type of claim you file with ICBC, there are certain time limits you must be aware of and comply with. For Part 7 “no-fault” benefits you must provide a written proof of claim to ICBC within 30 days. If you were injured in an accident caused by an unidentified motor vehicle on a B.C. public highway, you must notify ICBC and the police immediately and have 6 months to file a claim with ICBC’s hit and run fund.

Deadlines can be just that: non-negotiable dates by which you must take action. Once a deadline expires, your claim or lawsuit could not be heard regardless of the merits.

What You Need to Do at the Accident Scene

As with any insurance company, ICBC requires basic information about a car accident. Most of this information should be gathered by you at the scene of the accident, assuming you do not require emergency medical attention. The most basic information you will need from the other drivers involved include their licence plate number, driver’s licence number, and their own ICBC insurance information. You will also need to provide this information to the other drivers.

The first thing to keep in mind at this stage is not to lie. Never provide false information to ICBC or the other parties involved in the accident. That is the quickest way to turn the ICBC process against you. Along these same lines, always verify the information the other drivers provide you. Some people think they can escape liability by providing a phony name or contact information. That is why you should ask to see the licence and ICBC insurance information from each driver involved, to ensure they are providing you with accurate information. You should also always write down or take a picture of the other drivers’ licence plate numbers.

It is important to know your rights before signing any documents or statements or giving ICBC access to your private information. Making a mistake could harm your chances of succeeding with a lawsuit.

There are some additional steps you can take at the accident scene that may prove helpful to your insurance claim:

• Identify any third-party witnesses who saw what happened. Take down their name and contact information and let them know you may get in touch with them later.
• These days, most of us carry a smartphone that can take high-resolution pictures, so there is no excuse not to document the accident scene. Take pictures of not only the damage to your car but also of the post-accident positions of all the vehicles that were involved in the accident.
• Jot down any notes that you think might be helpful later when recalling what happened, such as a diagram of the accident scene.
• Contact the local police department. B.C. law requires parties to report a motor vehicle accident within 24 hours–48 hours if you live in a rural area–if the expected amount of damages exceeds $1,000. But in practice, it is always a good idea to report an accident, as you may not immediately know the amount or type of damages involved. Note that B.C. no longer requires police to personally respond to every accident report–especially when there is no need for emergency services–but filing a report still creates an official record that may be useful later.
• Finally, never leave the accident scene until you have exchanged the necessary information with the other parties. Leaving the scene of an accident prematurely is a violation of your ICBC insurance policy, and could lead to potential civil and criminal charges. Even if you believe the accident was somehow your fault–or even if you were the only driver involved–fleeing is never in your best interests.

Why You Need to Speak With a Vancouver ICBC Lawyer First

If you have been in a car accident, the last thing you probably want to deal with is ICBC adjusters. That is perfectly understandable. But the reality is that once you have sustained personal or property damage, time is of the essence. There are filing deadlines that must be met, and ICBC will pressure you to resolve your claim as quickly as possible, irrespective of the merits.

Hiring a Vancouver ICBC lawyer may seem like an unnecessary burden and expense.

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Preszler Injury Lawyers services all of British Columbia with consultation offices across the province. We pride ourselves in ensuring that our firm mirrors the communities we serve. As a result, we are pleased to offer legal services in multiple languages, including:

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