Important advice for the four phases of your ICBC claim:
- Reporting Your Claim
Reporting Your Claim- You do not need to speak to ICBC immediately—find a lawyer to represent you and protect your rights before you call ICBC.
- You may choose to have a personal injury lawyer deal entirely with ICBC on your behalf.
- If you are a pedestrian or cyclist hit by a motorist, report it to the police ASAP.
- If you were involved in a hit and run, report it to the police within 48 hours.
- If you were injured, you must apply for ICBC accident benefits within 90 days.
- Medical Treatment
Medical Treatment- See a doctor ASAP and alert him/her to all of your injury symptoms.
- Tell your doctor about every injury—sometimes the smallest injury turns out to be the most persistent.
- Make sure your doctor records all your injury complaints.
- Return to your doctor for follow-up visits on a regular basis.
- Be sure your doctor knows how your injuries affect your employment.
Key point: The more documentation we can obtain from your treatment professional, the better your settlement is likely to be.
- Legal Process
Legal Process- If your claim is not settled within 2 years, we sue the responsible party to keep your claim open.
- We file a lawsuit, or a notice of claim, in Supreme Court.
- You do not necessarily have to go to court—the majority of claims are settled fairly outside of court.
- You may be asked questions by ICBC (an Examination for Discovery) but we will prepare you for the discovery and attend with you.
- Settling Your Claim
Settling Your Claim- Your claim should only be settled when your medical condition has resolved or if it appears your condition will not fully resolve.
- We provide ICBC with all the claim-related medical information as well as details of your financial losses.
- We are able to settle most claims directly with the adjuster or ICBC’s lawyer.
- If we cannot reach an agreement, we schedule a mediation in order to meet with ICBC and an independent mediator and negotiate a settlement.
- If we cannot resolve your claim at mediation, we proceed to trial.
