The Icbc process
While every claim starts with an injury, the resolution of each claim is different. Your claim requires an individualized approach to ensure maximum reimbursement for your losses. The following pages provide introductory information on how your claim may develop and how Kazimirski Law Corporation can help.
At the Accident Site
A car accident can be a terrifying and traumatic experience, leaving those involved in shock. It is important to know what steps to take to protect your rights. After an accident, you should first make sure you are uninjured and then check on others involved in the accident.
If anyone is hurt, immediately call an ambulance.
Take photographs of the accident site, vehicle damage, and the surrounding area before moving the vehicles. Remember, most cell phones now include cameras, so it is likely that you, the other driver, or a witness will have a camera handy.
Exchange information with any drivers involved, including driver’s license number, license plate number, home address and phone number. This helps ensure you will be able to locate the driver in the future.
Collect the names and contact information of any witnesses. In cases where fault for the accident could be in doubt, witness statements are invaluable to prove your claim. For example, it is common for drivers who have run a red light to state they thought the light was green or amber. Without witness information, it can be difficult to determine who was at fault.
Time limits for starting an action begin to run from the time of the accident. It is important to speak with a lawyer soon after an accident in order to protect your rights.
Seeking Medical Treatment
Immediately after an accident, it is not always obvious that you have been injured. If someone suggests you go to the hospital, it is important you do. Hospitals possess the specialization and equipment necessary to properly diagnose your injuries following an accident.
Even if you think you were not injured in an accident, it is prudent to see your family physician as soon as possible. Many doctors keep emergency consultation spots open.
Your family physician is your lifeline to recovery. He or she will recommend the proper treatment and specialists you need in order to minimize the effects of your injuries. It is important that you continue to see your physician regularly during your recovery and consult with him or her before taking time off work or discontinuing any treatment.
Your family physician will also play an important role as a medical expert in your claim. Your doctor will be familiar with your medial history and the medical effects of the accident. We work with your family doctor to ensure you receive the treatment necessary to aid in your recovery.
Speaking with ICBC
If possible, consult a lawyer before speaking with an ICBC adjuster. The ICBC adjuster will gather information to determine who was at fault for the accident, and if you have pre-existing medical problems, have lost time from work, and the extent of your injuries. If possible, the statements made to ICBC will be used to deny or limit your claim.
Remember, you are under no obligation to tell ICBC about your past medical history, personal life, marital status, or the extent of your injuries. You must only provide the details of the accident, if you were the driver, and inform that you were injured.
If you already have a lawyer because you were previously injured in an accident, you do not have to speak with ICBC. Contact your lawyer as soon as possible so they can provide any necessary information to ICBC.
Litigation
If you’ve been injured as a result of someone else’s negligence, you generally have two years to start a lawsuit. However, there are exceptions that shorten this period, making it essential that you contact a lawyer as soon as possible to ensure your rights are protected.
Starting a lawsuit does not mean you will have to go to court. Most cases settle before going to trial. While it is often best to settle before trial, going to court is always a possibility. With this in mind, it is essential that you choose a trial lawyer. If ICBC doesn’t believe your lawyer is willing to go to court, they will never offer a reasonable settlement. All lawyers at Kazimirski Law Corporation are trial lawyers. We prepare each case as if it will go to trial.
Only you know the real effect your injuries have on your life. For this reason, ICBC lawyers are allowed to question you under oath in an Examination for Discovery. Don’t worry, we will prepare you for your Examination for Discovery and guide you through the process. One of our lawyers will be with you during questioning, and ensure ICBC does not ask anything inappropriate or unnecessary. This is one of the few times you will see the defense lawyer, and many cases settle shortly after Examination for Discovery.
We commonly use other medical experts, including your family doctor and specialists, in order to present a clear picture of the nature and extent of your injuries during negotiation, mediation, or trial. Likewise, ICBC may require you to see a physician of their choice to independently evaluate your injuries. While these experts are rarely independent, you must attend if you wish your claim to succeed. We will show you what to expect and guide you through the process.
From the time we first speak to ICBC on your behalf up to the courthouse steps, we will be negotiating a settlement to your claim. The vast majority of claims settle, which means you may never have to go to trial. Sometimes negotiation between ICBC’s lawyer, your adjuster and our lawyers is not enough to settle the matter. In these cases, we go to mediation, where an independent and neutral mediator focuses the issues so a reasonable settlement can be reached. If this process does not resolve your claim, it may be necessary to proceed to trial.
If a reasonable settlement cannot be reached with ICBC, then it is time to go to trial. For most people, the courtroom is foreign and intimidating. ICBC relies on your uneasiness about trial to get you to settle for less than you deserve. Our lawyers are trial lawyers, and are familiar and comfortable with the trial process. We will ensure that your claim is presented to the judge or jury in the best light possible.
In order to do so, work begins long before the court doors open. We will receive medical reports from you physicians, speak with your employer and other possible witnesses, and prepare everyone to testify at trial. We will also spend considerable time preparing you, so that when trial begins, you’ll be confident putting your best foot forward in front of the judge or jury.