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Ask an ICBC car accident lawyer: can you cancel a car accident claim?

If you have been involved in a motor vehicle accident in BC, you may have spoken with an ICBC car accident lawyer and are now debating whether to file an insurance claim.  Or you may have started an ICBC claim and wonder if you can cancel it.  The ICBC car accident claims process can be complicated and time-consuming and the answer depends on several factors, such as whether your car accident claim involves personal injury to yourself or others.

Cancelling ICBC claims

Automobile insurance exists to cover damage to property and losses caused by personal injury. If you are involved in a motor vehicle accident and make a claim, you may be able to cancel it in certain circumstances. For example, if your car accident claim is for your vehicle damage alone, you may want to cancel a claim that you opened after getting a quote for the repairs that is less than your deductible, or to avoid an increase in your insurance premiums.

If your claim involves personal injury, the issue of cancelling a claim is more complex. You may be able to cancel or withdraw a personal injury claim that you opened, but before you do, it is important to understand the implications of your decision. It may be that you wish to cancel your ICBC car accident claim because you have a clear alternative for securing compensation, such as a WorkSafeBC claim (sometimes called a WCB claim).  However, if you are considering cancelling your claim because you think your injuries “aren’t that bad” or because the at-fault driver has tried to convince you not to proceed with a claim, you may be left with no avenue for compensation for your injuries. It is highly recommended that you seek legal advice from an experienced ICBC car accident lawyer before cancelling a car accident claim so to ensure you understand the implications of your decision and wherever possible, preserve your rights to claim for compensation at a later date if you change your mind.

Limitation periods

If you have not yet started your claim, you should be aware that there are important deadlines that must be met to make an ICBC car accident claim and to file a personal injury lawsuit. For example, in BC the basic limitation period for starting a personal injury lawsuit is two years from the date of loss. If you miss a limitation period while deciding whether or not to start a claim, your claim may effectively be “cancelled” as you lose the right to bring the claim, regardless of whether you are suffering from injuries caused by the accident. The best course of action is to contact one of our ICBC car accident lawyers as soon as possible after the collision to discuss your options and the timeframes for making decisions.

Talk to an experienced ICBC car accident lawyer about your claim

If you have been injured in a car accident and have questions about your claim for compensation, contact Simpson Thomas & Associates. Call us today at 604-689-8888 to book your free initial consultation with one of our team of top ICBC car accident lawyers. We can discuss your injuries, explain the ICBC claims process, and advise you on your options for securing personal injury compensation and recovering your losses.

 

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