Paper with question marks on them representing the question people have about personal injury caps?

When Can I Make an ICBC Claim?

BC residents often feel uncertain about their rights and options when it comes to ICBC claims. If you have been injured in BC motor vehicle accident, you may be entitled to bring both a personal injury compensation claim (also known as a tort claim) and an accident benefits claim (also known as a Part 7 or no-fault ICBC claim). Surrey lawyers at Simpson, Thomas & Associates are often approached by injured people who are unsure if they have an ICBC claim. Here are some FAQs when it comes to making ICBC claims in different situations.

  1. If ICBC Say I Was at Fault, Can I Still Make an ICBC Claim?

Yes. If ICBC determines that you are partially or totally at fault for the accident that caused your injuries, and you disagree with ICBC’s decision you have the right to dispute it. Ultimately, BC courts have the final say on fault. A skilled personal injury lawyer can help gather evidence and present legal argument to support a determination in your favour. If you are ultimately found to be partially at fault, you are still entitled to compensation, though the amount you receive will be reduced by the percentage of fault that is attributed to you. And remember, there are two different types of claims that arise from BC motor vehicle accidents: tort claims and Part 7 claims. Even if you were entirely at-fault for the accident, you still have the right to file a claim for Part 7 accident benefits.

  1. If I was Injured in a Hit and Run Accident, Can I Still Make an ICBC Claim?

Yes. A victim of a BC hit and run motor vehicle accident can bring a personal injury ICBC claim for compensation for losses up to $200,000 because of section 24 of BC’s Insurance (Vehicle) Act. However, as our Surrey ICBC claim lawyers have previously discussed, there are very specific requirements and limitation periods set out in section 24 that must be complied with in order to successfully claim ICBC compensation for a hit and run accident.

  1. What About If Some Time has Passed Since the Accident?

Yes, you can still make an ICBC claim, but if certain limitation periods are missed, you may lose the right to make a claim. ICBC has requirements for reporting accidents and filing claim applications. Beyond that, general rule is that a Notice of Civil Claim should be filed with the courts, within 2 years of the accident date, or the claim may be statute barred. However, the applicable deadlines may be shortened or extended for some types of claims such as claims involving minors or claims against a government or municipality. To ensure that you do not lose the right to compensation, you should not delay in contacting an experienced personal injury lawyer.

Do you Have Questions About Your ICBC Claim?

Surrey/Delta, Vancouver, Burnaby and Abbotsford office appointments are available, as are virtual appointments over Zoom, if you want to know if you have an ICBC claim. Lawyers at Simpson, Thomas & Associates have considerable experience handling all types of ICBC claims. We are here to answer your questions and assist you by developing your claim against ICBC to get the compensation you deserve. Call (604) 591-8885 to speak to one of our Surrey ICBC claims lawyers, call (604) 689-8888 to speak with one of the members of our Vancouver team, or use our eForm to set up an appointment online.

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