400 - 628 Sixth Avenue New Westminster,
B.C. V3M 6Z1 Canada
Telephone: (604) 526-1805
Facsimile: (604) 526-8056
E-mail:
info@kmlawoffice.com
kinman@kmlawoffice.com
mulholland@kmlawoffice.com
Q. Am I obligated to provide a formal Statement after being involved in a motor vehicle accident?
A. Yes. If you are involved in a motor vehicle accident, you are obligated to provide a Statement to the insurer. In British Columbia more often that not, the Insurer will be the Insurance Corporation of British Columbia. However, you are not required to provide a Statement directly to an insurance adjuster. If you choose to retain a lawyer, he or she can prepare a Statement on your behalf.
Q. Do I have to go to an ICBC Claim Centre?
A. No. If you chose to hire a lawyer to act for you, he or she can prepare all necessary forms that need to be submitted to ICBC on your behalf. If this is done for you there will usually be no need for you to attend at an ICBC Claims Centre. However, even if you choose to hire a lawyer, it may be necessary for you to have your vehicle examined at a Claims Centre.
Q. Is my statement about the accident important?
A. Yes. This is why we strongly recommend that your Statement be prepared by a lawyer.
Q. Will ICBC give me an opportunity to review my Statement before I sign it?
A. When you are involved in an accident that is not your fault, ICBC is not acting as your insurer, but is acting as the insurance company for the parties who caused the accident. In such cases, ICBC will not necessarily give you an opportunity to review your Statement. This is why we strongly recommend that you consult a lawyer before you provide a statement.
Q. In addition to a Statement, what other documents will ICBC ask that I sign?
A. If you go to ICBC on your own, you will be required to sign various documents allowing ICBC to obtain information from your employer, and your health care providers. As ICBC is not acting as your insurer, we always recommend that this type of information be obtained by your lawyer. This is yet another reason, why we recommend that you seek legal advice after being involved in an accident, instead of going directly to ICBC.
Q. Am I better off hiring a lawyer to deal with an accident claim, or should I try to resolve my ICBC claim myself?
A. We believe that you are almost always better off hiring a lawyer to deal with an ICBC Claim. In the first place, a lawyer can take away the stress of dealing directly with ICBC, and can ensure that you are provided with any benefits you are entitled to. More importantly, however, except in extremely minor accidents, a lawyer can increase the value of your claim more than cost of his or her fees. In other words, with most ICBC claims, even after legal fees are paid, a lawyer put more money in your pocket.
Q. What legal fees will I be charged for hiring a lawyer to look after an ICBC Claim?
A. Most lawyers handle ICBC claims on a contingency basis. This means that his or her fees are paid on the settlement of your claim. Our fees range from 25% to 30% of the settlement amount.
Q. How long does it take to settle an ICBC claim?
A. This depends. When you are involved in a motor vehicle accident, you cannot be paid your settlement funds until you sign a contract which relieves ICBC and the driver from any further responsibility for the accident. Except in very unusual circumstances, ICBC will not pay settlement funds to a claimant until there a full and final settlement agreement in place. This means that it is not advisable to settle your claim until you have either fully recovered from your injuries, or until there is adequate information about your medical condition and how the accident has effected your income and your life style. The time it takes to settle a claim therefore depends on the length of time it takes you to either recover from your injuries or to have the nature of those injuries properly assessed. In some cases settlement can be achieved in a matter of months. In cases where there are serious injuries, however, it can take a number of years to resolve a claim.
Q. Do I have to pay income tax on any settlement monies received from ICBC?
A. There is no requirement to pay Income Tax on ICBC settlement funds. Your lawyer is obliged to charge GST and PST on his or her fees, but the balance of the settlement funds are completely non-taxable.
Q. Will I have to go to Trial if I hire a lawyer?
A. Not usually. Historically well over 90% of ICBC claims are settled without a Trial. While we cannot guarantee that any particular claim will not go to Trial, we are able to state that the chances of any particular claim going to Trial are not high.
Q. Is there any time limit to bring an ICBC Claim?
A. In this Province, for most types of personal injury cases, there is a two year Limitation Period to start a law suit. This time limit usually starts from the date of the accident. This time limit applies to the commencement of legal proceedings, but does not mean that you have to resolve your claim within that time limit. However, you should be aware, that if you are involved in a hit and run accident, the Limitation Period for brining a claim is one year.
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