Guide to an ICBC Settlement

At the Scene of the Accident

• Exchange information with the other vehicle driver – insurance details, make and model of car, drivers license, vehicle identification number, and telephone number of the driver. The driver may not be the owner/insurance holder and this is important to have information on both parties.
• A priority is to obtain names and addresses of witnesses. Ask them for a brief statement and record on your phone or write a note. Ask them to stay if the police have been called.
• Try to identify people around the scene of the accident. If the car behind you drives off, get a license plate number and info on the car.
• If the police attend, get the name and badge number of the officer.
• Once you have obtained this information take the time to make a diagram of the accident. Note landmarks such as stop signs, crosswalks, traffic lights etc.
• Do not admit to fault, but state facts if asked by a police officer.

Getting Better

• Visit a doctor within a couple of days of the accident so that there is an evaluation and documentation of your injuries.
• Create a medical plan with your doctor to work towards recovery. This may include seeing other health care providers for analysis and treatments.
• Continue your recuperation plan until you are at maximum recovery.

Your Rights

• You are entitled to legal representation when dealing with ICBC.
• An ICBC adjustor isn’t obligated to tell you about the accident benefits or compensation you are entitled to, the adjustors job is to minimize ICBC’s costs.
• An adjustor may indicate you were at fault. Before you accept liability, talk to a lawyer who can investigate and assess the accident independently.
• When reporting your claim, be honest, direct, to the point and do not offer any other information. It is best to call Klein Lyons for a free, no-obligation consultation BEFORE you discuss your accident with ICBC.
• Although ICBC will request a general release of information form, do not sign a general release.
• ICBC is not required to see any information about you that is irrelevant to your car accident. Have your lawyer vet any documentation sent to ICBC.

Expert Advice

• Klein Lyons will guide you through the ICBC process making sure all details supporting your car accident claim are well documented.
• Your experienced car accident lawyer and a team of professionals at Klein Lyons will:
• Establish your claim
• Advocate for your rights
• Ensure deadlines are met
• Apply and obtain “no fault” benefits
• Negotiate a fair settlement

Examination for Discovery, Mediation & Trial Preparation

• Examination for discovery is an important part of the claim process. Each side meets out of court but under oath and answers questions regarding the accident.
• Klein Lyons will ensure you are ready by helping you prepare your answers and coach you on what you can expect from the ICBC lawyers.
• Klein Lyons will ensure you are only asked relevant questions and will counsel you throughout the process.
• Mediation is an alternative form of resolution conducted by an impartial third party. The goal is to reach a settlement without going to court.
• At Klein Lyons we have an excellent track record of settling files before they have to go to court. Over 98% of our files have reconciliation before a trial is required.
• Should mediation and settlement negotiations be unobtainable, Klein Lyons will prepare your case for trial including expert testimony, witness selection, and court strategy.