FAQs

Q: When and why should I hire a personal injury lawyer?

A: Hire a personal injury lawyer immediately, so he or she can start protecting your interests as soon as possible. DO NOT talk to ICBC or any other insurers, as anything you say may be used against you. If you speak to an experienced personal injury lawyer first, you will avoid reducing or ruining your claim. Once on the case, most lawyers (such as the Tell Del team) will then handle all affairs with the insurance company on your behalf.

It’s important to note that research has shown, on average, that an experienced personal injury lawyer in Vancouver will recover two to three times more than if an accident victim went without legal representation.

Q: How soon after an accident must I provide particulars of my accident?

A: A report must be provided within a reasonable amount of time. Note that the claim for accident benefits must be filed within 90 days. However, there are exceptions if serious injury prohibits you from being able to apply for these benefits.

Q: Am I obligated to give ICBC a formal statement?

A: Yes, you are required to give ICBC the details of your accident during a phone call or meeting with an ICBC adjuster—but you are NOT required to sign the statement. Read more about handling an ICBC claim.

Q: Should I describe my injuries in my statement?

A: No. You should only indicate that you are injured and plan to see a physician. When you are injured in an accident—especially a car accident—it usually takes several days before you realize the full extent of your injuries. If you miss any injuries in your statement, ICBC may argue the injuries were not caused by the accident.

Q: What other documents will ICBC ask me to sign?

A: ICBC will ask you to sign medical release forms as well as forms to obtain information from your employer. DO NOT sign these—it is never in your best interest to give ICBC access to your medical records or employment records.

Q: Why isn’t it helpful to my claim to allow ICBC access to my medical information?

A: Although ICBC is your insurer, they are your adversary if you are making a claim for your injuries. All medical information should be provided through your lawyer who will ensure that it is relevant and accurate before it is sent to ICBC. You cannot expect your doctor’s office to decide what information ICBC is entitled to and what information it should not have.

Q: Will ICBC reimburse me for all my injury expenses?

A: ICBC should pay for all your medical expenses resulting from your accident, but ICBC will resist payment. This is another area where legal representation is needed to assist in claiming these expenses.

Q: Lawyers usually take 30% of the settlement. Won’t I end up saving money if I handle my own claim?

A: No, if you don’t have a personal injury lawyer representing you, ICBC will usually deduct 30% or more from your settlement. Without representation, ICBC will never offer you the true value of your injury claim. Read about our fees.

Q: How long will it take to resolve my claim?

A: Your claim should not be settled until you have recovered or substantially recovered from your injuries. We can open settlement negotiations with ICBC at any time, but we recommend that you wait until you have fully recovered.

Q: I didn’t hire a Vancouver personal injury lawyer right after my accident. Can I talk to a lawyer now that I have a settlement offer from ICBC?

A: Yes—although it’s not ideal, you can bring a personal injury lawyer on board at any time. If you have received an offer from ICBC and have not accepted it, this is a crucial time to involve a lawyer. Having an expert on your side will help ensure that you receive what your claim is worth. Remember, ICBC’s responsibility is to do everything they can to minimize your claim, including settling for the lowest amount of money possible.

Q: Do I have to apply for Employment Insurance or limited disability through my employer before ICBC will pay benefits?

A: Yes. ICBC’s Accident Benefits are not payable until you have exhausted all other benefits you are entitled to.

Q: Do I have to pay income tax on my settlement?

A: No.

Q: Am I obligated to give ICBC a formal statement?

• No you are not required to give ICBC a formal statement.
• You are required to tell ICBC how the accident happened.
• If you are unsure who is at fault we advise you to contact Tell Del before you talk to ICBC
• Your are not required to sign any statement you give to ICBC

Q: Should I describe my injuries in my statement?

• You should advise ICBC that you were injured and you are going to see or have seen your doctor.
• Do not tell ICBC the details of your injuries.
• It is best to list all your injuries when you fill out the Accident Benefit Application form. This form is called a CL 22.
• This is the form that requires ICBC to pay for the cost of most of the treatment you require for your accident injuries that is not covered by your private insurance.

Q: What other documents will ICBC ask me to sign?

• If you were injured in the accident ICBC will always ask you to sign a consent to enable ICBC to obtain your medical records directly from your doctor.
• We advise you not to give ICBC the right to obtain your medical records.
• We also advise you not to give ICBC the right to obtain information directly from your employer.
• Neither your doctor’s office or your employer know what documents ICBC is entitled to and in our experience ICBC always gets more information from both your doctor and your employer that they are entitled.
• You are always better off to have your lawyer or a Tell Del lawyer provide ICBC with the documents they are entitled to.

Q: Why isn’t it helpful to my claim to allow ICBC access to my medical records?

• ICBC always obtains more records from your doctor that they are entitled to obtain.
• ICBC will try to obtain all of your prior personal medical records in an effort to minimize or eliminate your injury claim.
• ICBC always tries to minimize your injury by arguing it is similar to a prior condition or injury you had many years earlier.
• We know it is always in your best interest to minimize ICBC’s search of your prior personal medical records.
• If you recovered from the condition prior to the accident ICBC is not likely entitled to know about the prior injury.