Even the best personal injury lawyers seek expert opinion to obtain the highest results for their personal injury cases. So, it is hard to imagine how an ICBC injury claimant could obtain a fair resolution of their claim without a legal advocate. ICBC is pushing an injury cap system in which claimants will not have the benefit of a well trained injury lawyer to protect their best interest. Well did you know,

  1. ICBC has a legal department full of lawyers that protect drivers that are at fault for car accident injuries. The innocent victims are considered “claim exposures”. ICBC gets to have lawyers and you don’t;
  2.  ICBC owes you no duty to protect your injury claim deadlines, missed limitation periods or failure to make a proper claim,
  3. Most good injury lawyers fund the case expenses along the way, ICBC does not;
  4.  A lawyer working for you owes you a duty of loyalty, ICBC does not;
  5. A lawyers must fulfill all functions conscientiously, diligently and in a timely and cost-effective manner;
  6.  A lawyer must advise and encourage a client to compromise or settle a dispute whenever it is possible; and
  7. With the proposed ICBC injury cap system did you know that you will only get $5,500 for your pain and suffering if ICBC says your injury is minor?

There are many injury claims that do not require a lawyer to be hired but all claimants should seek legal advice at the beginning of their claim. Most personal injury lawyers will agree to speak with you free of charge to determine whether you would benefit from having a lawyer. The best time to have a free legal consultation is within the first 30 days following the car accident.
Lastly,claimants without lawyers get less. This has not only been my experience but has also been established statistically in other Provinces. ICBC is a monopoly and to date has refused to release this data to the public. Ask your ICBC adjuster whether you will be better protected with a lawyer. Contact your MLA to voice your objection to a $5,500 limit on claims for pain and suffering. Innocent injury victims should not have to pay the price for the bad driving of others.

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