ICBC claims can be complicated. Below are answers to commonly asked questions. For skilled, experienced advice on your particular ICBC claim, please call our office at (250) 352-3321, or call toll free at 1-800-579-5338 to arrange an appointment.
1. I was told by ICBC or an insurance adjuster that I don’t have a case. What should I do? The ICBC and insurance adjusters are not always correct. You should confirm what they say with a lawyer who is experienced in representing claimants against ICBC and insurance companies. An experienced lawyer will also determine whether there are other parties who could be required to compensate you for your injuries.
2. The ICBC adjuster told me I don’t need a lawyer. He said the lawyer will take one-third of the settlement. Is that correct? The ICBC adjuster works for ICBC and must make the best deal they can for ICBC. ICBC and other insurance adjusters do not have any obligation to inform you of all you are entitled to and in fact are told not to “work” the case. Lawyers charge a percentage of the settlement for their fee, typically up to 33% for motor vehicle accidents and up to 40% for other accidents and injuries, although if the case is resolved before trial the lawyer may charge less than the maximum amount. In most cases the amount of settlement obtained with a lawyer will be high enough that even after the lawyer’s fees are subtracted from the amount received, the claimant will still receive more than the ICBC would have paid if the claimant had no lawyer.
3. The ICBC adjuster told me that I should not get a lawyer because it would slow things down. Is that correct? ICBC knows that the sooner they settle the file,the less they usually have to pay out, because the claimant is usually unaware of the how long recovery from injury can take when the payment is made. Your own experienced injury lawyer will make sure that payment is not made prematurely, so that the full the extent of your injuries are known and you can be compensated for likely future medical costs, lost wages, and other expenses.
4. ICBC wants me to sign a statement. If it’s true, is that OK? ICBC may use your signed statement against you later if even a few words are inaccurate or poorly worded. They can use your oral or written statement against you even if you don’t write it out, you don’t sign it or you are on medication or in a poor state of mind when you give it. Your lawyer can draft your statement without these problems. If have an appointment with ICBC and need more time to consider your options, call ICBC and postpone your appointment until you have had a chance to get advice from your own lawyer. Very often, ICBC can discredit a claimant by very minor mistakes in the statement.
5. Do I have to meet with an adjuster from ICBC or another insurance company. You have no legal obligation to meet with the adjuster, but if you were in a motor vehicle accident - whether as a driver, passenger or pedestrian - you must provide a statement and some accident benefit forms. If you were injured in some other manner, you have no obligation to provide a statement or any other information. Such information could be used against you in the future and should only be provided after consulting with a lawyer experienced in ICBC or personal injury matters.
6. Should I use a lawyer who also does work for ICBC? A lawyer who does work for ICBC has promised ICBC that they would not make any claims against ICBC for improper conduct that could be seen as bad faith. As such, they may not be able to properly advise you as to all the claims that you may have.
7. Another vehicle hit me and left before I could get the licence number (hit and run). What should I do? It is important to make all “reasonable efforts” to determine the identity of the driver. The meaning of reasonable efforts varies with each case. A lawyer experienced with ICBC claims can assist you in determining what needs to be done.
8. In a hit and run case, do I still have a claim if the identity of the driver cannot be discovered? Such a claim is usually covered under the insurance policy for the vehicle in which you were driving or a passenger.
9. Will ICBC’s sponsorship of the 2010 Winter Olympics assist in the resolution of my claim? Free gold metal hockey tickets may improve adjuster morale. One of the Olympic mascots is the Sumi doll (pronounced “sue me”). Ask the adjuster if a Sumi doll can be part of your settlement package.
For commonly asked questions about other accidents, please see our Accidentally Injury Questions page.
ICBC and other insurance companies start gathering information to use against you immediately after the accident. Let us put our skill, experience, and inside knowledge to work for you. Please call us at 250-352-3321, or toll free at 1-800-579-5338 to speak to Terry Napora. We look forward to helping you.
