Have you been offered an ICBC settlement offer and are not happy? You may want to get an ICBC claim offer reviewed by a lawyer. If you have been in a car accident in British Columbia, you can claim compensation for injuries, medical treatment, loss of wages, loss of future income, cost of future care, loss of housekeeping capacity and for pain and suffering.
Many car accident victims choose to deal with ICBC directly. They may take this route because of minimal damage to the vehicle or because their injuries seem minor. Combined with very rainy weather and long commute times, the Lower Mainland has many high incident car accident spots including the numerous bridges that criss-cross. We recommend you take the time to discuss your accident with a lawyer immediately after an accident. It never hurts to have an ICBC claim offer reviewed by an experienced personal injury lawyer.
At Warnett Hallen LLP, we will be honest and let you know if it is easier and faster to deal directly with ICBC, but we want to ensure each car accident victim receives fair compensation for their damages. It has been proven in the courts that the amount of physical damage to a vehicle has little or no correlation to the injuries suffered and the outcome of a settlement.
In our experience as top-rated Vancouver personal injury lawyers, we often see minor injuries turn into long-term medical problems.
Don’t hurry to settle an ICBC car accident claim
The challenge with settling an ICBC car accident claim too soon, is that many injuries from car accidents do not present themselves until weeks and sometimes months after an accident. Mark Lyons, senior personal injury lawyer at Warnett Hallen LLP, has years of experience dealing with ICBC claim settlement negotiations. He states, “Don’t be in a hurry to settle a claim with ICBC. Be patient and work with your medical providers to ensure you will not have long-term injuries that may impact your ability to earn an income in the future.” It is best to review an ICBC claim offer to ensure ICBC has taken into account the future prognosis of any injuries.
ICBC will infer or encourage people outright to settle a car accident claim without a lawyer. They are motivated to settle claims in a fast and efficient manner. But that strategy may not be in your best interest. They have an arsenal of lawyers on their payroll. It’s in your best interests to consult with an experienced car accident lawyer to level the playing field. If you have received an ICBC claim offer, we encourage you to call for a free review of your offer.
Reviewing an ICBC settlement offer
ICBC has a duty to offer fair compensation, but do you know what the definition of ‘fair’ is according to the law? A review and evaluation of an ICBC claim can be complicated:
Sometimes only time will tell if an injury will repair 100%. We work with various medical providers including doctors, chiropractors, physiotherapists, massage therapists, specialists and surgeons to review injuries and determine a prognosis of future recovery. It is important that if it’s determined that a full recovery is not possible, an evaluation of future care costs is conducted.
Loss of time off work
It’s easy to track the time missed from work immediately after an accident, but often injuries manifest into more complicated medical issues that can impact long-term income earning capacity. There are many situations when a car accident victim can’t continue in their current career capacity. If this is the case then occupational therapy may be required including reduced work hours, job reassignment or re-training.
Review of future earnings capacity
If a person injured following a motor vehicle accident can no longer do the job they were in at the time of the accident, then it takes time to determine – what if any – the injured person can then do as a vocation or career. Re-training, education and entering a new job can take time. It is the role of an economist to help determine if future earnings will be reduced.
Statute of limitations for motor vehicle accidents
In motor vehicle law there are many statute of limitations.The general rule is a Notice of Civil Claim needs to be filed against the other parties (driver) before two years after the accident date. But this is not a steadfast rule and there are many legal factors that can make the statute of limitations much shorter than the two-year rule. A top-rated personal injury lawyer will review the accident file, the ICBC paperwork, police reports and medical reports to ensure that no limitation dates will be missed. If you are representing yourself with ICBC and you miss a date, you have no recourse to claim compensation for your injuries.
Not happy with your ICBC claim offer?
How much a personal injury claim is worth should be based on the facts and the law. We recommend that you have an experienced legal advocate help you understand the law and to ensure your settlement compensation covers everything you are entitled to. However, it is never too late to have one of the experienced lawyers at Warnett Hallen LLP review your case before you sign on the dotted line with ICBC. If you are not happy you can go through the arduous process of appealing your claim with ICBC, but if you have an ICBC lawyer review your file you can avoid this stressful process. Once you agree to the claim settlement offer, you will sign a release that will prevent you from recovering any future compensation in respect of that accident.
Call Warnett Hallen LLP at 604-737-3300.
For a free review of your ICBC settlement offer.