Car Accidents and the ICBC by Patricia Woloch
in Law / Trademarks (submitted 2008-11-14)
The Insurance Corporation of British Columbia (ICBC) provides basic and optional vehicle insurance, driver licensing services, and road safety programs to residents of British Columbia, Canada. They control nearly all auto accident claims in British Columbia. As with most large insurance companies, the ICBC wants to remain in control of your claim if you experience a vehicle accident. Their main goal is to limit the final payout on your claim. Therefore, hiring a qualified personal injury attorney to represent you is a wise move to ensure your rights are protected and you get all the compensation to which you are entitled.
Unfortunately, many individuals involved in motor vehicle accidents never call an attorney. They simply call the ICBC to report the claim, and then attempt to manage their claim alone. As anyone who has ever done this can tell you, it can become an overwhelming job for which the average citizen is unprepared. The ICBC is highly practiced at investigating your claim from the viewpoint of how little compensation they can provide. Without the guidance and experience of a personal injury attorney who understands how insurance companies think and behave, the injured victim could lose out. And that loss could be bigger than you might imagine, because the after-effects of a motor vehicle accident might not appear until weeks or months after the accident has occurred. Dealing directly with the ICBC and accepting a quick settlement as full compensation for your injuries may leave you in a difficult position in caring for your medical needs and other expenses in the future, when the settlement money is all gone.
Some people never contact a lawyer because they fear it will negatively affect their claim.
However, it would be highly illegal and unethical for an adjuster to treat you differently or minimize your benefits because you retained legal counsel. What many people do not understand is that the act of hiring an attorney is not an aggressive act of intimidation. It's a way to level the playing field and keep you informed of your rights. In fact, even if you were partly at fault for the accident, you may still be entitled to benefits because ICBC policies contain no-fault benefits. There is no reason to avoid calling an attorney--and not doing so could do more harm than good.
However, there is a statute of limitation for filing your accident claim. Accident victims who are residents of British Columbia have 2 years from the accident date to file a lawsuit in order to prosecute their claim. Don't wait to file however, because your best baet is to see an attorney right away, while evidence and details are new and fresh in your memory, and to secure the maximum recovery amount.
