ICBC Claims
You’ve been in an accident that wasn’t your fault. Or maybe it was partly your fault. Here are some things we suggest:
Don’t be in a hurry to settle
We seldom settle earlier than one year after injury. You can’t settle until you get better, or until you know you are as good as you are going to get. Usually the longer you wait the larger the settlement. There is always a range of possible settlements for similar injuries. If you are in a hurry to settle, ICBC will offer you the lowest end of the range. Our goal is to get you near the top. Or higher.Keep good records
Get a big manila envelope or file folder for your receipts. Keep them until we ask for them. Start a journal in a cheap notebook, write down everything. When and where it hurts. If you go to the physiotherapist. Questions for your lawyer. You may be surprised by what turns out to be important a year or two later when you are in settlement negotiations.
Go to your doctor early and often
Often the most important pieces of evidence in determining the value of your case is what is – or isn’t – in the notes your doctor keeps of your visits. If you don’t go, or go and tell him you are feeling great, then you can be sure ICBC will say “You can’t have been that hurt”. But if there are records of regular visits, consistent complaints, and some indication that you are doing what your doctor tells you; you have a stronger case.
Get free legal advice early
Many lawyers give a free consultation and opinion about your case. Take advantage of that service. You will get a better idea of what’s involved in a case, what the problems of your case might be, how we would go about trying to get you a fair settlement. You don’t want to leave any money lying on the table – money which you might have got – because you didn’t know your rights, or didn’t fight to uphold them. A good lawyer will also tell you when it is better for you to try to settle your case yourself. We don’t take a case unless we think we can get you more than you can, after we take off our legal fees.
Car stuff
Most lawyers don’t deal with car damage, though we might in exceptional circumstances. You can usually come to a good settlement yourself. If it is a write-off, let ICBC make the first offer. Usually it is not too bad. Get some Auto Trader clippings of similar cars in case you have to negotiate. If it doesn’t work out, ask a lawyer.