Sustaining a personal injury in an auto accident can be traumatic. After an accident, you may be flustered and confused about the next steps to take. If you will be filing an ICBC claim, you must be careful not to make any mistakes that may cause you to lose your case. So, let’s look at some of the dos and don’ts when filing your claim.
Here are things you should do:
Get the driver’s and owner’s information
When you have been involved in a motor vehicle accident you are legally obligated to identify the party that collided with you. Your inability to do so may cause you do not have a claim. At the scene of the accident, collect the driver’s name, contact details and any other relevant information. In cases where the driver is not the owner, you must also collect the owner’s information as well.
Know the time limits
There are varying statutes and laws that tell you the period of time you will have to file your claim, depending on your case. Failure to start your claim before the end of the time limit may result in your claim being denied.
Seek medical attention
If you were injured in a motor vehicle accident, you must seek medical attention immediately. You should give the doctor all the details of your injuries, as well as the emotional effects of the incident so that your medical records can be updated accordingly. This is very important as only the things that are a part of your medical records will be considered for your settlement agreement.
Here are some things you don’t want to do after your accident:
Do not wait to call the ICBC
Ideally, you should report any accident to ICBC within 24 hours. When you make your report, provide them with as much information as possible. You should be aware though, that you will be speaking to a trained adjuster who will be recording the call and taking notes. So, be careful not to say anything that might negatively affect your case later on.
Never give the ICBC a signed statement
You will be required to provide the ICBC with a written report. However, you are not required to give them a signed statement, even if the adjuster insists that you must. If anything is misstated, omitted or unclear, the adjuster may use this statement against you in the case. And that brings us to the next point.
Don’t trust the adjuster
It may seem harsh but it’s true, you cannot trust your claims adjuster. You must always remember that the adjuster does not work for you but is employed by the insurance company and is also working with the defendant in your personal injury claim. It is the adjuster’s job to settle the claim as quickly as possible while saving the ICBC as much as they can. The defendant can even use the adjuster as a witness in their defence against your personal injury claim.
You will find there is a lot to do when filing a personal injury claim with the ICBC. Having a lawyer can significantly increase your chances of success. Not all ICBC claims will require a personal injury lawyer, but to be certain, consult one about your case.
With Rose Keith Law, you have nothing to lose. We operate in Vancouver and offer our services on a contingency basis. This means we will not charge you legal fees unless your case is successful. If you were involved in an accident and need to file an ICBC claim, call us today. We will evaluate your case to show you how we can help you get the settlement you deserve.