There has been little change to the law relating to filing and reporting  your injury claim to the Insurance Corporation of British Columbia, ICBC, since my last post about car accident injury benefits from ICBC. In this article I will focus on some of the duties that ICBC owes to you as your insurance company once you make your injury claim.
If you are injured in a car accident, bike accident, pedestrian accident, or motor vehicle collision in BC and you have proper insurance with ICBC you will be entitled to medical coverage of up to $150,000.000 from ICBC and disability benefits of up to $300.00 per week to age  65. There are of course several exceptions and deductions that can only be dealt with by analysing the the specific facts in your personal injury claim and applying the current law in British Columbia.
To be entitled to these ICBC injury benefits you must meet the legal test with respect to the treatment and your period of disability. The claim is essentially for payment of medical, rehabilitation expenses, and other benefits payable under the provisions of the Insurance (Vehicle) Act and Part 7 of the Regulations arising out of a car accident which must have occurred  in Canada or the USA. If you are outside the Province in a vehicle not insured by ICBC your injury claim you should really speak to a personal injury lawyer as there are so many variables.
Here is a useful ICBC injury claim checklist to help establish your entitlement to ICBC accident benefits and further injury compensation:

  • As a result of the accident you have sustained injuries requiring medical treatment and suffered disability;
  • At all relevant  times you were an insured person for the purposes of Part 7 of the ICBC Regulations; and
  • ICBC knew or ought to have known of the injuries and your  entitlement to these benefits but refused to honour its obligation and duty to make payment.

It is also important for your personal injury lawyer to determined whether ICBC may have also breached their duty of good faith and fair dealing owed to you as an injury claimant insured by ICBC.   The following is a list of the common failings alleged against ICBC and other auto insurance companies,

  1. Bad faith in failing  to pay amount owing  in a timely manner, or at all ;
  2. Bad faith in failing to respond to written requests of the claimant’s lawyer, with any reasonable explanation for the refusal to pay;
  3. Bad faith in failing to settle a third party claim;
  4. Bad faith in vetoing treatment proposed by the injury claimant without reason;
  5. Bad faith in failing to be objective; and
  6. Bad Faith in failing to thoroughly investigate a personal injury claim.

I would suggest calling a personal injury lawyer in Vancouver to discuss whether you have a potential injury claim against ICBC. Most of the top personal injury lawyers in the Province will agree to a free legal consultation to determine whether you have a viable injury claim so make a call today.
Posted by Vancouver Personal Injury Lawyer  Mr. Renn A. Holness, B.A. LL.B.

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