Making an ICBC Claim
- How do I get my car replaced or repaired fairly?
- What does legal representation cost?
- How much is my claim worth?
- I own my own business; how can I establish an income loss claim?
- How long will my claim take?
- Can I obtain an advance on my claim?
- Am I entitled to disability benefits?
- Am I entitled to medical rehabilitation benefits?
Disputes about property damage can be subject of litigation or arbitration under the Insurance Act. Accelerated depreciation or the failure to recognize vehicle upgrades and their market value are subject to this process. We can help you recover a fair amount for your vehicle.
Legal Representation does not necessarily require any initial retainer or payment. In most cases payment can be pursued on the basis of the legal fee based on a percentage of the recovery, in other words, we don’t get paid if you don’t win.
It is impossible to establish at the outset what your claim is worth.
The reason for this is quite simple. When a person is injured, the full extent of their problems will not be known for quite some time. For example, let’s say you have a sore neck and shoulder after your accident.
Will you recover in two weeks? Two months? Two years? Will you ever recover? You can see that the value of your claim will vary depending on how long it takes you to recover. One thing we can say is that we will work very hard to maximize your claim, so that you are fairly compensated for your injuries. Claims are broken down into heads of damages which are supported by evidence.
The most common heads of damages are as follows:
- Pain and suffering both past and in the future;
- Out of pocket expenses which you would have not incurred without the injury;
- Past income loss;
- Future loss of capacity to earn income or future income loss claim;
- Cost of Future care in medical expenses;
- Management fees and tax gross up;
If you own your own business it is often difficult to survive without returning to work. If your business does not survive or if there is a claim for temporary disability, it will be necessary to produce business records to establish a past and future income loss claims. Lost opportunities on business are also important to document with the assistance of forensic accountants and witnesses. We have experience in helping business owners get a fair settlement.
Claims can be resolved in as little as four months to as long as four years. There are a number of procedures which can shorten the length of claims. There are also a number of circumstances which and lengthen a claim. Complications may include assessment of rehabilitation, doctors and specialist’s prognosis for recovery. Additionally, there may be complications with assessment of future income loss and cost of care which may require several years to develop. Many cases are mediated to conclusion before trial. In most serious or complex cases a trial would not be more than four years from the date of being injured. We have the experience and skill to help you, no matter how long or complex your case may be.
If there are no independent sources of income benefits from private insurers or ICBC no fault insurance and if liability is not substantially in dispute, it is possible to obtain private financing to assist persons financially through the rehabilitation process.
We are able to support persons through the private financing process securing such assistance against their eventual recovery.
In most cases a motorist in British Columbia with a valid driver’s license is entitled to disability and rehabilitation benefits. The Insurance Corporation of British Columbia manages such benefits under the (Insurance Motor Vehicle Act).
It is common for such benefits to be provided for a brief period of time or a limited number of sessions, after which time such benefits may become subject of litigation directly against the Insurance Corporation of British Columbia or other private insurance corporations.
If you have private extended health benefits through your employer these will continue to apply for necessary medical, prescription, and rehabilitation benefits subsequent to being injured in a motor vehicle collision.
Private insurers in some cases ask that you sign a repayment agreement or require that monies that you recover from a claim be directed to repaying amounts they have paid. It is important to have legal advice on the propriety of the insurer’s ability to require repayment.
If you have no private extended health benefits the Insurance Corporation of British Columbia manages a no fault benefits fund which partially pays for necessary medical expenses. The ICBC will often voluntarily pay such benefits in the first several months of rehabilitation. They may ask that you be assessed by their medical expert as a condition of receiving benefits.
It is not uncommon for no fault benefits to be discontinued at a time when your doctor(s) and treatment providers indicate that treatment should continue. In some cases it is necessary to bring a law suit directly against the Insurance Corporation of British Columbia to seek an Order that medical and rehabilitation benefits continue. We can do this for you, if need be, so that you can recover to the fullest extent possible.