Do I have an ICBC claim?

Many people wonder: “Do I have an ICBC claim?” In many cases, these people actually do have an ICBC claim. What is surprising is how often ICBC tells people that they do not have a claim when they actually do (or at least that is what the potential claimant hears). Unfortunately, too many people take ICBC at their word or do not understand what is being communicated. Sometimes, it’s not that ICBC has actually said that you do not have a claim it’s that they have told you they will not pay you anything for your claim, or do not believe you have a claim based on the information in their...

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Motorcycle accidents and ICBC.

Unlike automobile accidents, motorcycle accident victims often have severe injuries to arms and legs, including loss of a limb. We recognize that motorcyclists are often deemed by witnesses to be driving at a higher speed than accurate. Further, we are aware that the general public often assumes the motorcyclist is at-fault. What Factors Does ICBC Consider in Determining Fault and Damages? ICBC will examine all the available information before the accident and look for any evidence of negligence to determine who is “at-fault” and in awarding damages. ICBC may attempt to reduce your...

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ICBC may use private investigators.

If your ICBC claim is viewed as a “large exposure” for ICBC or if the claim is getting close to going to trial, ICBC will often times hire an independent investigator to review your life history and background. This is, of course, a tremendous invasion of your privacy but ICBC has the right to proceed with this investigation. Often, the investigators will do a neighbourhood canvass. This involves knocking on your neighbours’ doors hoping to find out some piece of helpful information about you (eg. that you are doing some home renovations, yard work or sporting activities). ICBC often tries...

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Protecting yourself emotionally after an MVA.

Motor vehicle accidents can be traumatic events, often leading to a wide range of emotions. The impact felt can range from minor to severe depending on the nature of the accident, the injuries, and the individual’s personal strength and resilience. An accident will most likely lead to emotional or psychological trauma if it happened unexpectedly, you were unprepared for it, and you felt powerless to prevent it. The emotions felt can range from anger and anxiety to depression if you were not the ticketed party and guilt if you were the ticketed party. The emotional toll in an injury can be...

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When should I settle my ICBC claim?

The question of when to settle your ICBC claim is one of the biggest decision you will make. There is no easy answer and will depend largely on the facts involved in your ICBC claim. ICBC will often attempt to settle your claim very soon after the accident. It is to ICBC’s benefit to close files early and save administrative costs. Also, the earlier you settle the ICBC claim, the less ICBC generally pays. Once you settle your claim you will not be entitled to any further compensation from ICBC. This is because, as part of your settlement, ICBC will ask that you to sign a final Release that...

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What if I’m the victim of a hit and run?

You should obtain legal advice immediately in the case of a hit and run accident. You may have a hit and run claim for damages against ICBC under your own insurance policy or the policy of a member of your household, but you must strictly comply with the conditions of your insurance policy. These conditions were created in an effort to avoid fraudulent hit and run claims. For filing hit and run claims, you must make “all reasonable efforts” to ascertain the identity of the unknown driver and owner. A judge or jury is ultimately responsible for deciding whether or not you made...

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