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What to do after an accident – ICBC Claims

MacLean Law Personal Injury Lawyers in Fort St John, Kelowna, Surrey, and Vancouver are available to assist you with all of your ICBC Personal Injury claims throughout the province of British Columbia. Contact us now.

With close to 50,000 traffic collisions in BC each year, car accidents are increasingly impacting the health and well being of many BC residents. As personal injury lawyers, all too often victims of car accidents approach us several months after the collision. Having not previously met with a lawyer, many victims often fail to take the necessary initial steps with respect to their motor vehicle accident claim. We understand that coping with the consequences of an accident can be stressful and overwhelming, which is why we have outlined some of the critical steps you need to take in order to ensure that your claim is commenced properly and that you are taking full advantage of your ICBC and other benefits available to help you through this difficult time and as you start down the road to settlement. AT THE SCENE OF THE ACCIDENT

  1. Check yourself and others for injuries.
  2. If it is safe, exit your vehicle and go to a place of safety.
  3. Call 9-1-1 if you or anyone else is hurt. Ask someone at the scene (such as a witness or the other driver) to call 9-1-1 if you are unable to do so.
  4. If possible, speak to the attending police officer and paramedics about your condition and make your way to a hospital if you are in pain.
  5. Exchange information with the other driver and nearby witnesses. You should obtain the following information:
    • The other driver’s license number, contact information, license plate number, and details regarding the make and model of their vehicle; and
    • For witnesses, obtain their contact information.
    • Take photographs and make notes regarding the specifics of the accident.

WE RECOMMEND YOU SPEAK WITH A LAWYER PRIOR TO MAKING YOUR CLAIM OR PROVIDING A STATEMENT TO ICBC

  1. Ensure you make your claim to ICBC promptly after the accident. However, first focus on seeking the appropriate medical care and speak with a lawyer regarding your rights and for advice on making statements to ICBC. Call a lawyer before you call ICBC so that you are advised of what to say and what not to say to an ICBC representative.
  2. Most personal injury lawyers operate on a contingency fee basis – meaning they do not require a retainer up front, and will be paid a percentage of your final settlement.

MAKE A CLAIM WITH ICBC

  1. Generally, you have 30 days after the accident to give ICBC a written report and you have 90 days to complete an accident benefit form to apply for injury benefits from ICBC.

APPLY FOR BENEFITS RIGHT AWAY

  1. If you have sickness or disability benefits through your employment insurance plan, ensure to make a claim as soon as possible.
  2. Apply for EI benefits if you are eligible.
  3. ICBC is a last resort for sickness benefits.

MEDICAL CARE AND OTHER TREATMENT

  1. Make sure you see your doctor regularly in order that he or she may be able to monitor your injuries and progress, and to advise you of a proper course of rehabilitation.
  2. Keep track of all the expenses you incur with respect to your recovery, i.e. kilometres traveled to and from your home to the doctor’s office and other medical treatment facilities, out of pocket expenses incurred for treatment (Physiotherapy, active release therapy, chiropractor), medications etc.
  3. Keep any and all receipts related to medical and other treatment.

We do not charge for an initial consultation.  Please contact us as soon as possible after your accident. We would be pleased to offer you some initial advice as to your rights and obligations vis-à-vis ICBC.



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