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If you were involved in a car accident, or have a personal injury, call us at 604-519-0660 and request a case evaluation, located at the bottom of this page, right away.
Our personal injury lawyers will be in touch shortly to help you tackle your ICBC claim.
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ICBC Claims: How Much and When Will I get Paid?
NOTE: The information below is no longer current. The provincial government of BC introduced legislation to limit the amount of compensation payable to persons injured
Frequently Asked Questions About Hiring An
ICBC Claim & Personal Injury Lawyer
In theory, you do not need a lawyer.
However, motor vehicle law is highly complex and ICBC’s adjusters and lawyers can be aggressive. ICBC is a giant Crown corporation and has the power imbalance between individual motorists and ICBC is immense. In order to maximize your chances of a fair outcome, a skilled and knowledgeable advocate, such as one of ATAC LAW’s compassionate personal injury lawyers, can vastly increase the odds of you receiving fair compensation for your injuries.
In all cases that we take on, hiring a lawyer will help you get more compensation from ICBC.
ATAC LAW believes in being upfront and transparent about fees. We represent clients in relation to personal injury cases on a contingency fee basis. This means that you only have to pay us if you win and our fees are calculated as a percentage of the damages which are paid to you. In the event that we are unsuccessful, you will not have to pay us any legal fees.
Although our lawyers work hard to make sure that you receive the compensation you deserve as quickly as possible, negotiation with ICBC and litigation are never fast. ICBC can be slow to respond to claims and often we must gather in-depth medical evidence before we are able to litigate your case. The exact amount of time which a case will take is very specific to an individual client’s circumstances but will usually take several months.
The value of a personal injury claim varies significantly based on the injuries you suffer as well as the percentage that you and the other driver are each at fault. At ATAC LAW, we carefully review each file in order to try to maximize the value of your case. If you want to know more about what your specific claim is likely worth, call us to set up a free consultation today. We would be happy to look at your file and tell you our honest thoughts.
For more information, please see this link on how much an average case is worth.
British Columbians are fortunate to have a great deal of choice in personal injury firms. Although you are entitled to be represented by any lawyer you want, there are several very strong reasons to consider ATAC LAW:
With ATAC LAW, we care about you as a person and want to see you compensated fairly for your injuries. Furthermore, we have significant experience dealing with ICBC. We have achieved settlements in the hundreds of thousands of dollars for our clients. Also, we are different than other law firms because ATAC LAW is young and innovative. We are not stuck in an old way of doing things.
If you have any further questions feel free to reach us at 604-519-0660 or send us an email.
Firstly you must report your accident to ICBC. You do not need to do so immediately after the accident but it is not recommended that you wait too long – within a day or two at the most.
You then have 30 days to provide a statement to ICBC. It is not necessary to provide a statement immediately after the accident and sometimes is not recommended as you may, quite reasonably, be in shock. It is also very common that injuries are not immediately apparent so waiting a little longer can help shed light on what is going on with your health. What you say to ICBC in your statement may be used later to determine whether or not ICBC will cover you for injuries, treatment, and expenses. A consultation with one of our lawyers would be very beneficial at this point to ensure that your statement is accurate. We will give you the information you need to prevent you from unknowingly telling ICBC things that are not true, including that you have no injuries when that may not be the case.
Finally, if you do have injuries, you have 90 days to submit an Accident Claim Form (CL-22). The form requires your signature and will be used later to approve or deny injury benefits. Whatever information you sign off on you agree to be true and it may be used as evidence should your matter go to trial. One of our lawyers will provide you with a CL-22 form and help guide you when answering questions to ensure that you do not unknowingly lose your right to claim for compensation for your injuries, treatment, expenses and/or loss of income.
If ICBC has found you at fault for an accident and you disagree with its decision there is a three step process you may take.
Firstly, you should speak to your adjuster’s supervisor. Sometimes, an adjuster will get it wrong and speaking directly with their supervisor will resolve the issue.
Secondly, you may request a Claims Assessment Review. A Claims Assessment Review is an independent review of the accident and finding of fault by a third party. You must submit your application within 60 days of the date you received the letter about the fault assessment. There is no fee for this process. A decision will be made based on a written submission made by you about the accident as well as ICBC’s materials on the case. The decision is binding on ICBC but not on you.
Your final step is litigation. If speaking to your adjuster’s supervisor and your Claims Assessment Review do not bear positive results, you may then file a legal action in the courts to resolve your dispute.
Sometimes ICBC will refuse to cover an insured person because of a finding that they were driving in breach of their insurance policy (e.g. driving without a valid license). If ICBC is refusing to cover you it is in your best interest to consult with a lawyer to determine whether or not ICBC is correct and justified in denying you coverage. Our lawyers may help you file a claim against ICBC to get a court order declaring that ICBC is responsible to pay for the damages associated with your accident.
You have two years to file a claim for personal injuries resulting from a motor vehicle accident. It is very important that you take all the necessary steps to submit your claim within the allowable time frame (the Statute of Limitations) otherwise you will lose your right to do so. As such, we recommend that you consult with one of our experienced lawyers as soon as you are able so we may assist you in gathering all the information you need and submitting the relevant documents correctly and on time.
We would be happy to talk with you further! If you have any further questions feel free to reach us at 604-519-0660 or send us an email.
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