Having to deal with injuries and/or a car accident and ICBC claim is complicated and stressful. The ICBC regime is difficult and challenging. The scope of the legal issues that are involved is extensive. It very important to have a qualified and skilled lawyer who knows the system, who can protect your interests, and who understands how to best maximize your case.
Filkow Law is known for achieving exceptional results for its clients. Mr. Filkow is a leading driving lawyer in British Columbia for over 25 years, and has represented thousands of drivers in criminal, Motor Vehicle Act and car accident cases. Filkow Law has excellent skills, knowledge, relationships and abilities to best maximize all aspects of your recovery.
Fees: All fees are charged on a contingency basis. Our clients do not pay any fees or expenses until a claim with ICBC or other insurance provider has been settled. Consultations are complimentary.
If you are involved in an accident that injured someone or damaged property, you have a legal duty to report the accident. Even if you are not the owner or driver, you must promptly notify ICBC to preserve your claim.
Anything you say to ICBC can be used to limit or deny your claim. It is strongly recommended that you speak to a lawyer prior to providing a statement to ICBC.
Part 7 of the Insurance (Motor Vehicle) Act provides certain benefits to anyone injured or killed in a motor vehicle accident in BC/BC resident injured or killed in a motor vehicle accident in Canada or the USA. These “no fault benefits” are available to the insured regardless of who is held responsible for the accident. These benefits may be available either from ICBC or from another insurer, and include:
Speak to a personal injury lawyer at Filkow Law before applying for no-fault benefits to ensure your claim is protected from the beginning.
ICBC can deny you coverage on the grounds of “breach of insurance.” The consequences of being held in breach are significant. ICBC can deny you coverage for vehicle repairs, accident benefits and can deny your right to be indemnified for court judgments against you.
ICBC can deny your benefits on the basis of a number of factors, including:
It is imperative that you contact a lawyer to review your case. If ICBC has notified you that you may be in breach of your insurance policy, The lawyers at Filkow Law have extensive experience successfully defending ICBC breach cases.
In every motor vehicle accident, ICBC will make a determination as to who is at fault. ICBC will collect evidence from you, the other driver, the police and witnesses to determine which driver(s) is to be held responsible.
If police attend the scene of an accident, the police report or ticket may be used to decide fault, although they are not final.
ICBC will rely on witnesses who may have not seen the entire accident, or may have a flawed recollection of the accident.
Determining who is at fault for an accident can be complicated. Sometimes ICBC will determine that you are partially at fault or “contributorily negligent. Even if you did do something to contribute to the accident, you do still have a claim if the other driver contributed to the accident as well. You might also have a claim against another entity, such as the municipality, if some element of the road conditions or design contributed to the accident.
Contact Filkow Law if you have been found at fault for an accident, or have any questions or concerns regarding fault determination.
While many personal injury cases settle out of court, a small percentage can proceed to trial. Generally, there are three categories of damages available to personal injury claimants.
General damages refer to the compensation an injured party receives for sustaining intangible injuries such as pain and suffering, disability, inconvenience, disfigurement, loss of enjoyment of life, and loss of expectation of life.
Special damages are compensation an injured party receives for incurring financial costs as a result of the injury or accident. Special damages refer to past and future financial costs and can be backed up by invoices, bills of sale and expert evidence, and include compensation for past and future income loss, loss of competitive advantage in the marketplace, compensation for future medical and rehabilitation services, housekeeping services, and out-of-pocket expenses incurred as a result of the accident.
Punitive damages are also awarded to personal injury claimants, although this is less frequent. When an insurance company conducts itself in a manner that is unfair and dishonest, a court may award punitive damages to the insured. Punitive damages are rare and are only awarded when there has been highly reprehensible misconduct.
ICBC has attempted to limit compensation paid to claimants with a policy/program called the Low Velocity Impact (“LVI”) Program. The LVI Program takes certain factors into account, such as the extent of damage to the vehicles involved (generally less than $2000) and may deem an accident an “LVI accident”. Claimants will receive a letter from ICBC explaining that the minimal nature of the impact of the accident did not result in a compensable injury.
There are two ways that one can be removed from the LVI program:
A personal injury lawyer can help assess whether you have been improperly referred to the LVI program. The lawyers at Filkow Law are committed to ensuring you get the compensation you deserve.