ICBC Claims FAQ
ICBC claims can be complicated. Below are answers to commonly asked questions. For skilled, experienced advice, please call us at 604.946.2199 to arrange an appointment. Home and hospital visits are available.
1. ICBC wants me to sign a statement. Should I?
ICBC may use your signed statement against you later if even a few words are inaccurate or poorly worded. They can use your oral or written statement against you even if you don’t write it out, you don’t sign it or you are on medications. Your lawyer can draft your statement and avoid these problems. If you have an appointment with ICBC and need more time to consider your options, call ICBC and postpone your appointment until you have had a chance to get advice from your own lawyer. Often ICBC will try to discredit a claimant by very minor mistakes in the statement.
2. Do I have to meet with an adjuster from ICBC or another insurance company?
You have no legal obligation to meet with the adjuster. However, you must provide a statement. Your lawyer can do that for you. You also have to complete and sign an ICBC Accident Benefit Claim form. Again your lawyer can do that for you.
3. ICBC adjuster told me that I should not get a lawyer because it would slow things down. Is that correct?
ICBC knows that the sooner they settle the file, the less they usually have to pay. But you don’t know how long recovery from injury can take. Even minor cases take at least six months, and we usually don’t settle for at least a year, often longer, when we know whether you will get better or be left with a permanent injury. Your lawyer will make sure that you are compensated for likely future medical costs, lost wages, and other expenses. The ICBC adjuster works for ICBC and must make the best deal they can for ICBC. ICBC and other insurance adjusters do not have any obligation to inform you of all you are entitled.
4. The ICBC adjuster told me I don’t need a lawyer. He said the lawyer will take one-third of the settlement. Is that correct?
Lawyers charge a percentage of the settlement for their fee, typically 33% for motor vehicle accidents. In most cases the amount of settlement obtained with a lawyer will be high enough that even after the lawyer's fees are subtracted from the amount received, the claimant will still receive more than the ICBC would have paid if the claimant had no lawyer. Plus you will know that you got a fair settlement, that there was no money “left on the table.”
5. ICBC says that I don’t have a case. What should I do?
ICBC is not always correct. You should confirm what they say with a lawyer. An experienced lawyer will also determine whether there are other parties who could be required to compensate you for your injuries. Often cases that ICBC says are 100% our clients’ faults turn out to be at least partially someone else’s fault. In cases of partial fault, you will still be able to claim partial compensation. For example, if the court decides you were 25% responsible for your injuries, your settlement would be 25% less, but still well worth going after.
6. Another vehicle hit me and left before I could get the license number (hit and run). What should I do?
It is important to make all reasonable efforts to determine the identity of the driver. The meaning of reasonable efforts varies with each case. A lawyer experienced with ICBC claims can assist you in determining what needs to be done.
7. Can I arrange an appointment at my house or at the hospital?
Yes, on short notice. ICBC and other insurance companies start gathering information to use against you immediately after the accident. Let us put our skill and experience to work for you. Please call us at 604.946.2199 for more information or to book an appointment. We look forward to helping you.