Bronson Jones & Company LLP offers you the legal guidance of experienced ICBC lawyers in Vancouver as well as 12 other Bronson Jones & Company LLP offices across the lower mainland and Fraser Valley. We know the time limits within which papers must be filed and will help to ensure your rights are protected.
Someone who has been injured in a motor vehicle accident in BC may be eligible to apply for certain benefits whether the accident was their fault or not. These “no-fault” benefits cover things like medical and rehabilitation costs, lost wages and compensation for the inability to do housework. However, these “no-fault” benefits are usually the smallest part of your total compensation. Most of your compensation will come from the insurance company for the driver who caused the accident – the “at-fault” driver. To determine personal injury damages the first step is the assessment of fault (or liability) for the accident.
There are strict time limits on applications for ICBC accident benefits, as well as for commencing lawsuits against an at-fault driver to recover compensation for your injuries. If you miss them, you may be denied compensation.
Remember that if you are injured and are not at fault, that your claim is against the policy of insurance of the “at-fault” driver; not against your own insurance policy. ICBC’s obligation is to represent the party who is responsible for your injuries. They have no obligation to facilitate or assist in the development of all the necessary components of your case.
ICBC Adjusters have two primary functions, assigning blame (sometimes called assessing liability or fault) and minimizing claims costs (such as yours – i.e., keeping injury awards as low as possible).
How your claim proceeds will depend on the facts in your case. How long it takes and the order of the steps may change depending on things such as whether there is a dispute over liability (who is “at-fault”, for the accident), the position ICBC takes on your claim, the nature of your injuries and necessary recovery time, the need for experts reports for proper assessment of the impact of your injuries, court schedules and decisions that you make. However, most claims go through the same basic steps, although not necessarily in the same order.
In addition to no-fault benefits, you may be entitled to compensation for your injuries to the degree that you are not at fault (monetary damages). Courts determine damages based on precedent (similar past cases) but how much you may be entitled to receive as compensation for your injuries will depend on the specific facts of your case and the types of damages that you can prove with evidence.
Representing vehicle accident victims is all we do. Our team of ICBC lawyers in Vancouver as well as 11 other Bronson Jones & Company LLP offices across the lower mainland and Fraser Valley would be pleased to talk with you about your case.