How to Make a Claim
For some information on what you should do following an accident, see our frequently asked questions below.
- What to do if I am in an accident?
Injury Claim Checklist Find paper and a pen, you need to gather some information:
- Remain at the scene. If you drive away you could be charged with leaving the scene of an accident, even if the accident is not your fault.
- Exchange information. You and the other driver(s) should exchange: driver’s licence information, addresses, telephone numbers, each vehicles’ make and model, and the name of the registered owner of the vehicles involved.
- Record passenger information. Write down the names, addresses, telephone numbers and driver’s licences of all passengers in the other vehicle(s).
- Get out of province insurance information. If the other driver is from out of province, obtain the name and address of their insurance company and their insurance policy number.
- Find witnesses. Record their names, addresses, telephone numbers and driver’s licences. Ask them to stay and talk to police. If they are going to leave, ask them what they saw and write it down. Record their vehicle’s license plate number.
- Note the weather and driving conditions. Make notes about everything you notice at the scene (time of day, light conditions, ice, fog etc.).
- Get the badge number of the police officer who attends the accident scene. Ask the officer where you can get a copy of the accident report.
- Take photographs. Get pictures of the of the car accident scene including damage to the vehicles, road signs, lights and skid marks on the road.
- Do not discuss fault. You may think you are in the wrong but the other driver may be as much at fault as you are.
You may contact ICBC at 604-520-8222 to report the claim or call our offices at 1-604-684-0040 and we will report the accident for you. We advise you to make an appointment with our Vancouver law firm before you visit an ICBC claim centre.
- What steps should I take immediately after the accident?
Here are four important things you need to know:
- Beware of Early Settlement Offers
Insurance companies often offer you a quick settlement after a serious injury which may be less than what you are actually entitled to receive. If you accept the settlement, you will forever lose your right to receive more money even if you may be entitled to more.
- Be Careful What You Say to Anyone Following an Accident
Immediately following a serious injury, insurance companies often try to get a personal or signed statement from you about your case. Without a personal injury lawyer advising you, you could unknowingly say something which could hurt your case.
- Protect All Relevant Evidence:
The actions taken immediately after a serious injury are extremely important. Whether related to medical care or the circumstances of the collision, details need to be properly documented and witnesses need to be immediately interviewed. Failure to properly do so may severely compromise the amount of money you receive and the future rights you may have.
- Selecting A Lawyer
A lawyer with experience in handling personal injury claims will ensure your rights are protected and inform you of what you are entitled to. You should be able to entrust your personal injury lawyer with such important and sensitive matters. Our firm has over 75 years of combined experience dealing with ICBC and personal injury claims, and we provide personal attention to each file. When you call 604-684-0040 you will get an appointment for a free consultation with John Mickelson or one of his associate injury lawyers.
- Beware of Early Settlement Offers
- Am I eligible to make a personal injury claim?
Anyone that has been injured may be eligible to make a personal injury claim. Firstly, one must determine who is at fault for the injury. Once it is determined that somebody else is responsible for your injuries, we assist you in determining what your claim is worth.
- What is my personal injury claim worth?
If the accident is not your fault, you are entitled, as far as possible, to be restored to your pre-accident position. The law does this by providing you a monetary award to fully indemnify you for economic losses and to provide a measure of solace for your pain and suffering as well as loss of enjoyment of life caused by your personal injury.
Our experienced lawyers are here to help you. We will ensure you receive the maximum amount of compensation you are legally entitled to for your personal injury claim. There is no simple formula for determining how much your claim is worth. There are a number of factors which will influence the value of your claim:
- The circumstances of the accident
- Witness statements
- The extent of your injuries
- The extent of your medical treatment
- Time loss from work, both past and future
- The quality and content of the medical evidence
- The particular effects that the injuries have had on your life, including recreational, home, and work activities
- Whether or not you have pre-existing injuries or conditions
- Cost of care, both past and future
- Out-of-pocket expenses
- The limits of insurance coverage
- The results from recent case law
The only way to properly evaluate your injury is to consider each of these factors once all of the evidence is available. You will need the assistance of an experienced personal injury lawyer to ensure you receive the maximum the law will allow. Call our Vancouver office at 604-684-0040 for a free consultation.
- What ICBC accident benefits am I entitled to?
Regardless of whether or not you are at fault in a collision you maybe entitled to benefits under the no-fault provisions of the Insurance Motor Vehicle Act of British Columbia. You may be entitled to medical expenses, rehabilitative costs, wage loss, homemaker benefits, funeral expenses and death benefits. Medical benefits include medical, dental, hospital, ambulance, chiropractic and physiotherapy treatments, occupational therapy, speech therapy, prosthetics, medication, medical supplies or equipment and attendant care. Wage loss benefits are available if you are unable to work because of total disability caused by a motor vehicle crash and is based on 75% of your gross weekly salary to a maximum of $300 per week. Death benefits are also payable to the spouse or dependants of anyone covered under ICBC’s basic Autoplan insurance. Funeral Expenses up to $2,500 are also available. It is important to know you have only 90 days after a collision within which to make your application to ICBC for coverage benefits otherwise you may lose your right to these benefits. This application can be completed in our offices. Our lawyers will fight to protect your rights to accident benefits if you are denied by ICBC. Contact us for a free consultation today.