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Claiming for Personal Injury after a Car Accident

ICBC Injury Claims

As a personal injury lawyer for over 25 years I am now asked, “can I still get compensation after a car accident?”  Yes, ICBC compensation is still available, but will soon be eliminated by the NDP. How much to claim and when ICBC will pay is changing. Contact a lawyer immediately and before ICBC injury compensation is eliminated. Insurance Corporation of British Columbia ( ICBC).

ICBC no fault auto insurance after April 1, 2020 excludes almost all compensation for pain and suffering. If the NDP succeeds in having their further “Enhanced Care coverage” law proclaimed it will  effectively eliminate pain and suffering compensation for all innocent victims after May 1, 2021.

For people seriously injured in a car accident after May 1, 2021 you will be expected to deal with ICBC to get benefits on an ongoing basis until age 65. ICBC will no longer settle ICBC benefits in a lump sum. Claimants will be expected to keep ICBC informed on a monthly or weekly basis for their whole working life. It is also expected by the NDP that claimants not have a lawyer to assist them. ICBC will be expected to act in the best interest of every claimant. However, ICBC will continue to have teams of lawyers working for the corporation.

There are three important reports to make after a car accident in BC: (1) report to your doctor, (2) report to your advocate, (3) report to ICBC.

Reporting to your doctor

For accidents after April 1, 2019 If you do not  attend a doctor your injury will be automatically considered a minor injury. For motor vehicle accidents before April 1, 2019 contact a lawyer immediately to avoid losing benefits and your right to claim compensation for losses.

To prove a  “total disability” does not require an inability to do any of the acts or duties required in employment or an occupation. Only a medical doctor will be able to provide you with the medical opinion needed to support time off of work.

Reporting to a Legal Advocate

Having a legal advocate is not a right in British Columbia and a report to a lawyer is not required.  Many lawyers  no longer take car accident cases occurring after April 1, 2019 due to the NDP  limited legal recourse system. This has eliminated individual rights leaving victims without legal help. These changes were spearheaded by our current Attorney General David Eby. Mr. Eby does not want victims of personal injury to have lawyers on their side.  Mr. Eby wants victims to deal with ICBC on their own for cheaper car insurance.

For example, to get your correct limitation period you’ll have to review the appropriate statute.  A reference list of some common limitations and deadlines appears on the Law Society website. In most cases, the limitation period will be found in the Limitation Act, S.B.C. 2012, c. 13. The current Limitation Act was brought into effect June 1, 2013. Under the Limitation Act, a single 2-year basic limitation period applies to most civil claims. Exceptions to this are civil claims that enforce a monetary judgment, exempted claims and actions that have limitation periods set by other statutes. You must also be aware of the rules about when a claim is “discovered” for the purposes of starting the clock on the limitation period. The general discovery rule, under s. 8 of the Limitation Act, is that a claim is “discovered” by a person on the first day on which the person knew or reasonably ought to have known all of certain events.

Making an ICBC Injury Claim

Take a look at our brief video about how to make an ICBC claim after a car accident.

Make sure you complete the ICBC Insurance Claim Application form (CL-22 Accident Injury Claim Application Form_ ) within 90 days of the accident or as soon as possible. Any delay in providing the ICBC application benefit form that causes a prejudice to ICBC beyond 90 days could result in claim denial.

Speak to one of our personal injury lawyers for a free consultation.  We only work for the injured. We never work for ICBC or any other insurance company.

 

 

 

Tags: Report Accident to ICBC

"Renn A. Holness is a gifted lawyer and author to over 1000 legal blog articles. Married father of two daughters, son of a neurosurgeon and founder of Holness Law Group."

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