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...
read moreWhat 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...
read moreWhat if I have an MVA while working?
I was working at the time of my collision. ICBC claims that the driver who was at fault was also working at the time and that I therefore have no claim against ICBC. Is ICBC right? If the other driver was not a “worker” as defined by the Workers Compensation Act, you have may have to decide whether to make a WorkSafeBC claim or to claim damages against ICBC; however, ICBC may refuse to pay you disability benefits or fund your rehabilitation on the basis that you were a “worker. ” If both you and the other driver are found to be “workers,” then you are not...
read moreWhat are the steps of lawsuit?
The Supreme Court Civil Rules came into effect in British Columbia on July 1, 2010. The following paragraphs set out a summary of the main steps in a personal injury lawsuit under these Rules. It is important to note that not all lawsuits proceed in the same fashion. This article is designed to provide a general overview and does not address all situations. 1. Information Gathering – the first step in any lawsuit is to gather the relevant information from documents, the accident site, witnesses, doctors, caregivers, family, friends, co-workers and any other relevant sources of information....
read moreHow do disability benefits effect my ICBC claim?
If a person injured in a motor vehicle accident has access to a short-term or long-term disability plan because of the injuries suffered in the motor vehicle accident this is, generally speaking, a significant advantage. The advantage is that in most situations ICBC cannot deduct the disability benefits paid when considering settlement on the injury claim. In other words, if the net wage loss is $10,000 and the insured is paid $5,000 in disability benefits, ICBC does not pay $5,000, they pay $10,000. ICBC is not allowed to deduct disability benefits in situations where the insured pays all...
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