ICBC

ICBC Motor Vehicle Accident Claims

Serving Summerland and Surrounding Area

Joseph P. Jacoe has 20 years of experience in dealing with personal injury cases and ICBC claims serving Penticton and Summerland. He acts only for plaintiffs – those injured in accidents. He does not act for ICBC. He has handled cases with all forms of injuries resulting from both minor and major accidents. If you were injured in a motor vehicle accident as a driver, passenger, or pedestrian you may be entitled to financial compensation for the following claims:

• Pain and suffering
• Past income loss
• Future income loss
• Cost of future care
• Out-of-pocket expenses (medical expenses, etc.)
• Things you should know when injured in a motor vehicle accident in British Columbia
• You must report the accident to police within 24 hours and notify ICBC
• It is extremely important that you see a doctor and report your injuries from the accident
• Continue to see your doctor on a regular basis until such time that you have recovered from your injuries
• Do not sign any medical information release forms until you have consulted a lawyer
• Do not accept any offer from ICBC until you have consulted a lawyer who can then determine if it is a fair offer
• Remember your ICBC insurance adjuster is an employee of ICBC, and therefore the adjuster will be obligated to settle your claim with the least possible cost to ICBC

To drive legally in BC, drivers must purchase mandatory insurance coverage, or basic car insurance, and may choose optional car insurance – non-mandatory coverage – to expand protection. ICBC’s new Enhanced Care Coverage provides improved care and recovery benefits, even if you are responsible for a collision. There is no longer a maximum overall limit to your care and recovery benefits, and income replacement has increased. Under the new enhanced care coverage, you will receive 90 percent of your net income in wage loss based on a maximum of up to $100,000 in gross income. If you insured your vehicle with a private insurance company, you still need to report to ICBC if there was any injury, and if another vehicle was involved. Settling your claim may take longer, as an ICBC adjuster negotiates with the adjuster from your private insurance company. Under these circumstances, it is advisable to hire your own legal advisor who represents you – not the insurance company.

Our Expertise as Your Personal Injury Lawyers

Complications can arise after a collision, and we understand the stress and anxiety involved in these cases. We are here to help you navigate the details of your insurance under these challenging circumstances, and represent you and your claim.

ICBC FAQ – your most common questions answered

Q: How long after a car accident can I claim for personal injuries?

A: Car accident victims in BC must file claims within the limitation period or timeframe of two years starting on the day of the accident. In cases of delayed injury, the timeframe starts on the date accident-related injuries were discovered. It’s not hard to understand why physician reports are valuable assets in collision claims. If claims are not filed in a timely manner, accident victims lose their right to sue, and individuals should not count on a suspension of the limitation period to protect their claim.

Part VII claims with ICBC must be filed within 90 days. These claims provide no-fault benefits that help you recover a portion of lost wages and rehabilitation costs. We advise reporting the crash within 24 to 48 hours. If ICBC refuses Part VII claim benefits, you can file within two years of the date of the crash, or date of the last payment, whichever is later. Every personal injury claim is unique with many details affecting the final outcome.

Q: Can I reopen an ICBC claim?

A. Once you sign a “Release of All Claims” document, you cannot reopen your claim. Don’t sign anything until you talk to a personal injury lawyer who can determine what your claim is worth. The insurance adjuster may try to settle your claim quickly with a low payout. Do not accept offers from your insurance adjuster or sign documents until you have consulted with your personal injury lawyer. Your doctor will provide us with a final prognosis before we negotiate with ICBC. If you start negotiating with them before your final prognosis, the insurance adjuster will assume you have fully recovered. The longer it takes you to fully recover, the greater your awarded damages will be.