The Personal Injury Claim Process
Experiencing
an accident can be overwhelming and confusing.
Being
prepared can make all the difference. You will need to gather information
about the other vehicles involved, the circumstances of the accident and
possible witnesses.
Our Motor Vehicle Accident Form will help you collect important information that is often overlooked after such a stressful event. Keep it in your vehicle with your insurance papers.
If you are injured, your health comes first. Stay put and ask for emergency assistance, including ambulance and/or fire as well as police. The police will gather information about the other driver or drivers and any witnesses.
You
are required to report your accident to ICBC as soon as reasonably possible.
Claims can be reported around the clock by calling DIAL A CLAIM:
604-520-8222 within the Lower Mainland
1-800-910-4222 from anywhere else in the province or outside B.C.
After you have reported your claim, you will be assigned an adjuster and a claim number. Keep this information handy as you will need it in future.
In most cases, ICBC will require a statement from you giving details of the accident and your injuries, employment and activities. You can either give your statement directly to the adjuster, or you may wish to consult a lawyer for assistance in preparing your statement.
You may also be asked to sign certain forms for the release of medical and employment information. Again, you can either do this yourself or have a lawyer help you. If you have any questions or concerns about the documents you are being asked to sign, it is best to consult a lawyer before signing.
Finally, remember there are various limitation periods and deadlines which can be complex and confusing. Consulting a lawyer early on will ensure that appropriate action is taken before any limitation periods expire.
Some
injuries are obvious and require medical attention immediately. Other
injuries which may affect your physical, psychological or emotional health
are not as easily identified. You should follow up with your family doctor
on a regular basis to ensure that all of your injuries are properly
documented and treated. It is important to follow medical advice carefully
to promote prompt recovery.
Some of your medical expenses may be covered by ICBC at the outset of your claim regardless of who is to blame for the accident. This area can get quite technical. A lawyer familiar with the process can help you obtain immediate payment for many of the expenses associated with your injury.
A lawyer can help you avoid some of the difficulties commonly experienced by people with personal injury claims. For example, a lawyer can communicate directly with your adjuster, coordinate the flow of medical information and handle the extensive paperwork often associated with a personal injury claim. The lawyer can ensure prompt payment of disability, medical or rehabilitation benefits to help ease your financial concerns.
Finding a good lawyer is an important step. When selecting a lawyer, consider the Six Steps to Finding the Right Lawyer and always ask about fees and alternative payment options.
McQuarrie Hunter LLP is a firm of 26 lawyers at three locations to suit your every legal need. Our lawyers welcome the opportunity to talk to you about your claim. Please contact us or, if you prefer, use our Personal Injury Inquiry Form.
An
action is a legal proceeding that can lead to a trial. Starting an
action does not mean you have to go through a trial. In fact, most actions
do not go as far as a trial. Your action is started by preparing and filing
court documents before the limitation period has expired. This is important
because, if the limitation period expires before your action has been
started, your claim may be gone forever. Your lawyer will prepare the proper
court documents and will ensure that you comply with all time limits.
This
is a formal interview that allows each party to "discover" the other party's
case. Each side can ask questions—usually limited to the circumstances of
the accident and the extent of the injuries—and the other party must answer
under oath. The questions and answers are recorded word-for-word by a court
reporter. This procedure enables each side to find out what information the
opposing party has about the case and to assess credibility to determine who
would be a convincing witness at trial.
If there is another driver involved in your accident, he or she may also be examined under oath by your lawyer. Your lawyer will ask all questions necessary to support your claim and to test the credibility of the other driver.
In
claims involving serious injuries, both sides often retain witnesses with
professional expertise in medical, engineering, vocational or other fields.
Some expert witnesses can help to advance your claim by providing medical or
technical analysis. Others can prepare financial reports about losses you
may have suffered, such as lost wages, future income loss, lost pension
benefits, future cost of medical treatments, etc.
It is to your advantage to have experts in the relevant fields advise you and provide opinions to make sure your losses are properly explored and quantified. Your lawyer will advise you about the types of experts required and help you retain competent individuals in those fields.
In
the event that you do not consider the settlement offer from ICBC to be
reasonable, you may proceed to a trial where a judge or jury will make a
judgment on your claim. Very few claims go to trial. Trials are costly and
can be risky. Whether or not you have a lawyer, you can decide to settle
your matter at any time.
An alternative to trial is mediation. A mediator is an independent person whose role is to help both sides reach a settlement. Either you or ICBC can require the other parties to go through mediation, although there is no obligation to settle at the mediation.
No one can predict the outcome of a trial with certainty. There is always risk, but if your claim does go to trial, your lawyer will help you obtain the best possible result.
If you do not retain a lawyer, you will likely receive a settlement offer directly from ICBC and you will be asked to sign a release form. If you are unsure whether the offer is reasonable, it is best to contact a lawyer for an opinion. If you elect to accept the offer and sign the release, your claim is concluded and you cannot ask for additional compensation even if your injuries get worse or new injuries are uncovered. There are very few exceptions, so if you are not sure what to do, a lawyer can help you decide the best course of action.
Some people settle their personal injury claim directly with ICBC and never regret their decision. However, there are many different categories of compensation that may apply to your situation, and each claim for compensation is unique. This can be complex. Contacting a lawyer will help ensure that you are compensated for all of your losses.
Be informed and be certain before you sign that release!