ICBC FAQS

1. I have been hurt in a car accident, what should I do?
2. I have already reported my car accident to ICBC. Why do I need to consult a lawyer?
3. What is the value of my claim? How is the dollar value determined?
4. Why should I hire a lawyer to represent me?
5. ICBC made me an offer that seems reasonable, should I finalize the paperwork?
6. I can’t afford a lawyer, what should I do?
7. I don’t want to go to court. If I file a lawsuit does that mean I have to go to court?
8. How often do I see the doctor?
9. I can’t work because of my car accident injuries; does ICBC pay for lost wages?
10. Can I get a cash advance to help with bills?
11. I can’t work because of my car accident injuries, what do I tell my employer?

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1. I have been hurt in a car accident, what should I do?

The most important thing to do is visit your family doctor. It is critical to have a full medical evaluation completed to assess the extent of your injuries and to ensure you have official documentation regarding your injuries. The second thing is to consult a lawyer who has experience in helping people who have been injured in motor vehicle accidents.

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2. I have already reported my car accident to ICBC. Why do I need to consult a lawyer?

ICBC adjusters work for ICBC and not the injured person. An adjuster’s responsibility is to base decisions on polices and guidelines that provide maximum savings to ICBC. While ICBC adjusters are required to offer a fair settlement, their goal is to minimize settlement payouts. Car accident settlements are usually higher for people represented by a lawyer with experience handling car accident claims. A personal injury lawyer will represent your best interests and make sure you receive the settlement you deserve.

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3. What is the value of my claim? How is the dollar value determined?

The settlement value of a claim takes time to assess, as evidence has to be gathered on many issues. Several factors affect the value of a claim, including:

• whether you were totally or partially responsible for the accident;
• the nature and extent of your physical and psychological injuries;
• the frequency and course of treatment for your accident injuries;
• whether you will  be left with total or partial disability as a result of your injuries;
• your history of pre-accident employment and income;
• the length of time it took you to return to work and the ability to return to the same level of pre-accident employment;
• the cost of treatment;

For more information see What is My Claim Worth?

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4. Why should I hire a lawyer to represent me?

An experienced personal injury lawyer has a track record, backed up by years of training, of obtaining fair cash settlements. Generally, a team of dedicated professionals - including lawyers, paralegals and legal secretaries - who work exclusively on car accident and personal injury cases, handle the intricate details of managing a lawsuit against ICBC. A reputable lawyer will offer an initial complimentary session, giving you a free assessment of your claim and to see if the lawyer and team of professionals is the right fit for you.

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5. ICBC made me an offer that seems reasonable, should I finalize the paperwork?

First and foremost, ask yourself the following: Have you completely healed to full recovery? Are you back to pre-accident work and level of activity? If you’ve answered no to either question, then it is probably too early to settle. ICBC is required to offer a fair settlement, however, if you feel it is not adequate based on your injuries and trauma, it is best not to sign a release because once you have agreed to the settlement, it is final. Consult a seasoned car crash lawyer. It doesn’t hurt to get a professional’s opinion on the proposed settlement as it can help you determine if the offer is reasonable, debatable or unreasonable.

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6. I can’t afford a lawyer, what should I do?

Lawyers who handle car accident and personal injury claims generally work on a contingency fee arrangement, meaning the law firm receives a percentage of your settlement at the end of the case. The advantage of the contingency fee agreement is that you only pay the lawyer at the end of the case once you receive your settlement from ICBC.

The Law Society of British Columbia’s maximum allowance for lawyer compensation is 33.33 percent of the total amount recovered for personal injury or death resulting from a motor vehicle accident.

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7. I don’t want to go to court. If I file a lawsuit does that mean I have to go to court?

Most car accident lawsuits are settled out-of-court. It is estimated that less than ten percent of all car accident lawsuits in British Columbia end up in court. However, if ICBC will not provide the settlement you and your lawyer think your claim is worth, your lawyer may recommend going to trial.

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8. How often do I see the doctor?

Once you have met with your lawyer, he/she will advise you on the procedures to follow. Ongoing medical care is key to recovery. Your family doctor may recommend special assessments or treatments such as physiotherapy or chiropractic procedures. Follow the advice of your doctor in a timely manner.

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9. I can’t work because of my car accident injuries; does ICBC pay for lost wages?

ICBC is responsible for paying lost wages to people insured with ICBC at the time of the accident. ICBC Wage Loss Benefits are 75 percent of the amount you were earning before the accident to a maximum of $300 per week. If these payments don't fully cover your lost income, you can also claim for these damages against the offending driver. To be eligible for wage loss benefits, the following conditions must be met:

• You were employed at the time of the accident--either working or having worked in six of the preceding 12 months.
• There is medical evidence that you are suffering from total disability with respect to your pre-accident employment.
  

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10. Can I get a cash advance to help with bills?

No fault benefits are provided by ICBC under Part 7 of the Insurance Motor Vehicle Act of BC and are extended to those who are insured by ICBC and have been injured or killed in a motor vehicle accident in Canada or the USA. Benefits include all reasonable expenses, as a result of the accident, for medical, surgical, dental, hospital, ambulance or professional nursing services or for physical, occupational or speech therapy, chiropractic treatment and other treatments. Your personal injury lawyer can help you navigate the complicated process of applying for Part 7 benefits. Expenses that are eligible are on a reimbursable basis only.

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11. I can’t work because of my car accident injuries, what do I tell my employer?

It is extremely important for you to communicate with your current employer. Explain what has happened and advise what your medical doctor has to say about how much time you will need off work to recuperate. Find out if you have employee extended medical benefits that you can tap into for coverage such as short or long-term disability. Your human resources contact will also be able to advise if you need to apply for Employment Insurance Disability Payments should your absence from work be long term. For more information on Canada Employment Insurance refer to their website.