Lawyers in Victoria, BC: Hire a Lawyer before Making an ICBC Claim

If you are injured in a motor vehicle accident in British Columbia, even where you are found wholly at fault for the accident, you may be entitled to Part 7 benefits with ICBC (“no-fault benefits”). No-fault benefits include wage loss for total disability, loss of homemaking capacity, and medical and rehabilitation benefits. No-fault benefits are typically available to anyone injured or killed in a motor vehicle accident in British Columbia, and can be accessed by making an ICBC claim.

To qualify for no-fault benefits, you must be an “insured”, which is defined as any of the following:

1. An owner of a vehicle insured with ICBC;
2. A member of the vehicle owner’s household;
3. An occupant of a vehicle licensed in BC, or an occupant of a vehicle not required to be licensed in BC but driven by a person with a BC driver’s license;
4. A cyclist or pedestrian who collides with a vehicle described in an owner’s certificate;
5. A resident of BC who is entitled to bring an action for injury or death under the Insurance (Vehicle) Act for either hit and run collisions or pursuant to the uninsured motorist provisions;
6. The personal representative of a deceased insured; or,
7. A resident of BC who holds a valid driver’s certificate and members of his or her household.

If you satisfy the above definition of an insured and were injured in a motor vehicle accident, you should apply for no-fault benefits with ICBC. To apply for no-fault benefits you must:

1. Promptly notify ICBC of the accident;
2. Provide written notice of the particulars of the accident and resulting injuries within 30 days of the collision; and,
3. Complete an ICBC form called a “CL22 – Insurance Claim Form” within 30 days of the accident.

Where ICBC fails to pay no-fault benefits, an action against ICBC must be commenced within 2 years of:  (1) the date of the accident, (2) the date of the last benefit payment, where some benefits have been paid, or (3) the date ICBC received notice in the prescribed form of your intention to commence an action for no-fault benefits (providing the notice was sent within 2 years of the accident).

Hire a lawyer before talking with ICBC. A lawyer will provide you with professional advice and advise you of any missteps that may later be prejudicial to your claim. Count on experienced trial lawyers in Victoria, BC, like those from League & Williams, to help you receive full settlement and to maximize your recovery.

Have a question about this topic or a different legal topic? Contact us for a free consultation. Reach us via phone at 250-888-0002, or via email at info@leaguelaw.com.

Sources:

Making a Personal Injury Claim. Cbabc.org.

Steps of your claim. Icbc.com