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Search the site Victoria Personal Injury Lawyers Lorenzo Oss-Cech, Bari Marlatt and Misty Hillard - for your ICBC claims disputes and catastrophic and brain injury cases
 

About Personal Injury Law
&
ICBC MVA Claims-Disputes in BC

Rose Keith, Vancouver Personal Injury & Medical Malpractice Lawyer - CLICK TO DIRECTORY Personal Injury / ICBC claims disuptes lawyer BRUCE LEMER   - CLICK FOR INFO Sandra Banister, QC downtown Vancouver lawyer with 30+ years experience representing car accident injury clients to get compensation from ICBC - click for more info Dill Gosal, CRIMINAL DEFENSE - PERSONAL INJURY  lawyer and defense attorney practices in BC and Washington State courts from his Surrey Offices - CLICK FOR INFO Gordon Zenk,   PERSONAL INJURY - ICBC CLAIMS - CRIMINAL DEFENSE Lawyer BURNABY OFFICES SERVE VANCOUVER AND FRASER VALLEY - CLICK FOR INFO Mona Chan, fluend in verbal and written Chinese Mandarin and Cantonese  assists clients in ICBC Injury disputes and WCB appeals Michael Mark, Victoria ICBC claims disputes for McConnan Bion O'Conner Peterson Shelina Sharif, JD personal injury lawyer fluent in Hindi व्यक्तिगत चोट वकील and Urdu, familiar also with Punjabi and Spanish ,

When someone hurts you, you often have to sue to get the person to acknowledge his fault, and pay up.  If you suffer harm to your body (instead of just to your property), lawyers call this "personal injury law."  Motor vehicle accident cases are the most common form of personal injury law in B.C.

ICBC is an insurance company which provides basic coverage for all B.C. drivers.  The less ICBC pays out to settle a claim, the more money it saves.  This gives its adjusters an incentive to minimize how much they pay you.



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Who is covered by basic ICBC insurance?

Basic ICBC insurance covers anyone injured by a collision with a motor vehicle:  drivers, passengers, cyclists, and pedestrians. ICBC is intended as a universal insurer.  It must pay out, even if a driver has no insurance at all or cannot be found.  However, claimants must sue ICBC to collect.

Rose Keith, Vancouver Personal Injury & Medical Malpractice Lawyer - CLICK TO DIRECTORY see also - article on motorbike insurance  If you own a motorbike, you have insurance on that bike.  ICBC requires us to have the insurance in order to have plates on the bike.  However, most of us don’t understand the insurance that we have, nor do we understand whether what we have is enough or too much. read more about motorbike insurance

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What do I need to prove?

To be paid damages for your personal injury, you must prove liability and damages.

Liability means the other driver (or someone other than you) was at fault.  If you are at fault, you may be able to recover some damages from the "no-fault" benefits, but would not be entitled to other damages, such as loss of income, pain and suffering, and so on.  In some cases, you may be only partly to blame, and be entitled to recover a portion of the damages.

You also need to prove what kinds of damages you have suffered, and how much you have lost. You may need to get medical reports, expert reports, accounting projections for lost income, and other kinds of evidence to prove your damages.

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What are the steps in a personal injury case?

These are the typical steps in a personal injury case involving ICBC:

  1. Report the accident to the police and ICBC.
  2. Before meeting with a claims adjuster, meet with a lawyer.
  3. Meet with the adjuster.
  4. Begin negotiations with ICBC.
  5. Have a lawyer assess your case, and decide whether to settle or file a lawsuit.
  6. Set a trial date.
  7. Begin pre-trial examinations and exchange of documents.
  8. Continue to trial (although more than 90 per cent of cases are settled before trial)
  9. Appeal an unfavourable decision, if appropriate.

See the article "The Steps in a Personal Injury Case" for more information on each step.

Rose Keith, Vancouver Personal Injury & Medical Malpractice Lawyer - CLICK TO DIRECTORY See also - SURVIVORS GUIDE TO ICBC:  Understanding the basic procedures, rights and obligations when dealing with ICBC at BCpersonalinjury.org by: Rose Keith, BA JD Personal Injury Lawyer, Vancouver, BC


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What can I be compensated for?

There are two broad categories of losses:  monetary and non-monetary.  Monetary damages are awarded for losses with a dollar value, such as future earnings or medical bills.   Non-monetary damages cover intangible losses, such as pain and suffering.

Special compensation is also available for the estate and family of people who are wrongfully killed.  In some cases, a court may also award "aggravated" or "exemplary" damages to punish someone.

The article "Types of Personal Injury Damages" has more details about this area.


How will I be compensated?

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