ICBC Claims Process & Your Rights

ICBC is your insurer if you have motor vehicle insurance in British Columbia or if you were injured by a driver who had motor vehicle insurance in British Columbia.  When you are injured in a motor vehicle accident and make a claim for compensation, despite ICBC being your insurer, you enter into an adversarial role with them.

You are entitled to be monetarily compensated for all losses caused by the accident, including non-pecuniary damage for pain and suffering, past wage loss, loss of earning capacity, loss of opportunity to earn income, cost of future care to deal with treatment and care of your injuries in the future, and out of pocket expenses incurred due to the accident.

Our law firm in East Vancouver is highly experienced to provide you with information and legal advice to advance your claims and assist you to deal with ICBC and enter into a settlement or take your claims to court.

How AMJ law firm can help

Our law firm can assist you with the following steps you may take in order to properly advance your claim and determine a fair amount of compensation in relation to your injuries that a court would provide you:

  • Contact ICBC to advise them of the motor vehicle accident and provide a statement to them which will not prejudice your position or your rights.
  • Contact witnesses and gather other information in order to assist with your liability claim if ICBC takes the position that you are responsible for the motor vehicle accident.
  • Assist you to apply for and obtain “Part 7 benefits” or “No-fault benefits” that anyone, regardless of who is at fault for the motor vehicle accident, is entitled.  These may include massage therapy, physiotherapy, prescription medications, medical equipment and other expenses related to your treatment, as well as disability benefits if you are an employed person and are totally disabled from working as a result of the accident.
  • Obtain the medical evidence necessary to substantiate your injury or wage loss claims or other claims related to your motor vehicle accident.
  • Obtain the necessary work and pay loss information to advance your wage loss and other economic loss claims which are due to your injuries.
  • If applicable, advise you and advance other claims related to your motor vehicle accident such as loss of income earning capacity, loss of housekeeping capacity, in-trust claims related to family or others having to take care of you while injured, and out-of-pocket or special damages.
  • Start and pursue an action to advance your personal injury claims.

ICBC Claims Process

The following are the most common steps that are part of pursuing your motor vehicle personal injury claims through court:

  • Starting an action.  There is a two year limitation period for personal injury claims in British Columbia.  This means that if you are unable to settle all your claims with ICBC within two years of the date of the motor vehicle accident, you must start a law suit to preserve your claims.
  • Attending Examinations for Discoveries.  This is pre-trial procedure in which the lawyer for the defendants, usually hired by ICBC, asks you questions under oath about the accident, your injuries and any other claims you are making in relation to the motor vehicle accident.
  • Attending medical examinations.  ICBC may request that you attend medical examinations to investigate your injuries, using experts of their choice.  You are also entitled to provide medical expert evidence from an expert of your choosing and we can assist you with that.
  • Attending a Mediation.  At a Mediation, we meet with ICBC’s representatives with a neutral mediator where the parties present their positions and issues and have a chance to discuss the strengths and weaknesses of your claims and attempt to resolve your claims.
  • Negotiating settlement outside of a Mediation.  Mediations are not always successful in settling your claim and are not always necessary in order to fairly settle your claim with ICBC.  We can negotiate with ICBC directly by speaking or writing to ICBC representatives on your behalf.
  • Trial.  We will proceed to trial for you if we are unable to enter into a fair settlement with ICBC on your behalf.  We will prepare you for the trial, as well as expert and other witnesses, the documents and other evidence required to prove your claims.

Contact Us

Every step of the way through your claims process with ICBC, we will explain your rights, time limits you must comply with, what you can expect through each step, how your case will likely progress, and provide you legal advice. Contact our lawyers in Vancouver today!