Courtenay ICBC Claims Lawyer
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Important Notice: Our firm can only assist with ICBC claims for accidents that occurred before May 1st, 2021. Unfortunately, we are unable to take on claims for accidents occurring on or after this date.
The Insurance Company of British Columbia (ICBC) was created in 1973 to provide universal and affordable basic auto accident coverage to help pay for victims’ losses. Insurance adjusters may seem like your friend, but the ICBC is still a business. Adjusters are trained to settle quickly for the lowest possible amount that will pacify you, regardless of what costs may arise in the future.
There is no substitute for the experience and tenacity of Courtenay ICBC lawyers following a motor vehicle accident that involves physical injuries and long-term medical costs. Preszler Injury Lawyers is an ICBC law firm that has been in business since 1959. We are dedicated to providing exceptional service and helping you develop realistic expectations for what your case is worth.
ICBC Benefits
As of April 2019, basic Part 7 benefits cover:
- Up to $740 per week for wage losses (or $280 per week for homemakers).
- Up to $300,000 in lifetime medical care and recovery costs for catastrophically injured.
- Up to $7,500 for funeral costs and $30,000 for death benefits.
- Coverage for “care and recovery” treatments like kinesiology, acupuncture, massage, and counseling.
PUT OUR EXPERIENCE TO WORK FOR YOU
Tell Us About Your Case
For more than 60 years, Preszler Injury Lawyers has been helping people across British Columbia pursue the compensation they deserve for their ICBC claims. As one of the country’s longest-standing personal injury law firms, our practice is devoted entirely to injury law and helping accident victims–it’s all we do.
Schedule a free consultation today to speak with our award-winning personal injury lawyers and find out if you have a case. Our legal team is available 24 hours a day, 7 days a week to take your call.
Who Was At Fault?
Every case is judged based on its own unique merits, but several trends in determining fault exist:
- Drivers who run through stop signs at intersections are 100% at fault.
- Drivers who run through red lights at intersections are 100% at fault.
- Drivers who hit the rear-end of a car ahead of them at an intersection is typically 100% at fault.
- Drivers who are rear-ended may still be at fault if they reverse or fail to proceed through a green.
- Drivers who stop, but proceed negligently or fail to yield right of way may shoulder the most blame.
- When there are no traffic controls, the driver on the left must yield right of way.
Why Fault Matters With An ICBC Claim
At face value, it may seem that fault doesn’t really matter. ICBC will cover your medical expenses, even if you were at fault for an accident. Basic coverage will pay up to $200,000 for the injured party’s expenses. However, while basic claims are considered “no-fault,” a claims adjuster will investigate matters further to see where the blame truly lies.
- If you are 100% at fault, you receive no-fault Part 7 Benefits.
- If the other driver was 100% at fault, you can file a tort claim to gain higher compensation.
- If you and the other driver share fault, the amount you can recover in a tort claim will be limited.
Sometimes ICBC will outright deny claims if:
- Paperwork was not filed on-time.
- It was determined your vehicle was “used as a weapon.”
- The person driving the car was not authorized to do so.
- Drugs or illicit contraband was found in the car.
- The injury occurred during a police chase or street racing activities.
ICBC may force you to see one of their own doctors or cut off benefits if you refuse recommended treatment. It is important to understand your rights during your interactions with the insurance company, so you don’t lose money needlessly.
Legal Representation in Courtenay, B.C.
Working with an ICBC lawyer will ensure that you are not blamed more than your fair share. We will investigate and gather evidence to support your claim, and make sure everything is filed in a timely manner. If the ICBC offer is not commensurate with your expenses, we will advise you on your right to appeal. Our Courtenay ICBC lawyers will never let you settle for less than what your case is truly worth, taking into consideration medical expenses, lost income, and your pain and suffering. We will protect and advise you of your rights throughout the entire process.
Preszler Injury Lawyers proudly serves all of Vancouver Island, including the Comox Valley Regional District and the city of Courtenay. We offer free, no obligation consultations and contingency-based representation with no upfront costs. You only pay us a prearranged legal fee and expense reimbursement if we recover money on your behalf. An ICBC lawyer is always available to you, whenever you need, to answer questions about your case or lend empathetic support. Contact us as soon as possible, as you only have up to two years to initiate legal action.
Proudly Canadian
Award Winning Personal Injury Law Firm
We are proud to be one of Canada’s oldest and long-standing personal injury law firms. Since 1959, we have been providing exceptional legal services and have established ourselves as leading personal injury lawyers in the Canadian legal community. It’s not just the awards that recognize our achievements, but also the wins we’ve achieved for thousands of Canadians with their ICBC claims.
More ICBC Topics
Here’s more information on ICBC related topics that we think you might find helpful.
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February 20, 2020
Will the ICBC Cover Me If I Hit an Animal While Driving?
Hitting a large animal, such as a moose or deer, can cause serious injuries and significant damage to your vehicle. Since these wild creatures do…
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February 8, 2020
Is There a Cap on Personal Injury Compensation From ICBC?
For years, there has been no cap on personal injury compensation for ICBC claims. Without limits, the victims of accident injuries had the opportunity to…
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February 7, 2020
What Are ICBC Part 7 Benefits?
ICBC Part 7 Benefits apply to accidents involving an insured motor vehicle in British Columbia. These “no-fault” benefits are designed to provide short-term relief to…
ICBC FAQs
Here are some commonly asked questions for ICBC claims
Will hiring an injury lawyer impact my ICBC claim negatively?
No, personal injury lawyers teach you about your rights, advise you how much money your claim is worth, and, work to ensure that you are legally protected.
Preszler Law BC’s lawyers work on a contingency fee basis, which means that we take on the costs of your lawsuit for you until the settlement or judgment; we do not ask for any money up front; and, there is no fee unless we recover money for you.
Personal injury lawyers are nearly always able to increase the amount of money you receive for your settlement, even after the fees are deducted.
How can an accident lawyer help me with ICBC?
Our accident lawyers know the law. They will teach you about your rights and advise you how much your claim is worth. We handle all aspects of the lawsuit for you so that you can focus on your recovery.
If you do not know your rights or what your claim is worth, then you may settle for a low or unfair amount. ICBC wants to lower your settlement as much as possible. ICBC is a business seeking to maximize its profits.
ICBC will hire a lawyer to defend its interests. This lawyer does not represent you and will actively seek to harm your case. A personal injury lawyer works to even the power balance between you and ICBC.
ICBC or ICBC’s lawyer will take notes of everything you say. It is important to know your rights so that you do not say or do something that will hurt your case. Once retained, Preszler Law BC will deal with ICBC and their lawyer for you.
Personal injury lawyers will help coordinate your treatment and rehabilitation. We know the best doctors, physiotherapists and health professionals. Getting the best treatment increases the chances of getting back to work and your regular life.
ICBC should pay for all or most of your treatment and up to $300 each week in income replacement if you are not able to return to work. Preszler Law BC works to ensure that ICBC pays for your treatment expenses (physiotherapy, chiropractic care, massage therapy, occupational therapy, etc.) and pays your weekly income replacement benefit.
If an ICBC adjuster offers a settlement, what should I do?
ICBC may try to offer you a low settlement before you have retained a lawyer and know your rights. Before accepting any settlement, it is important to speak with a personal injury lawyer. Even if you do not retain a lawyer, an initial free consultation can provide you with important legal information to help you make informed decisions about your settlement.
You should consider retaining a personal injury lawyer before settling your claim. In nearly all cases, personal injury lawyers are able to recover more money than you can on your own, even after the fees are deducted.
What kind of treatment does ICBC pay for?
If you have been injured in a motor vehicle accident, then ICBC should be paying for the treatment you reasonably need to recover from your injuries.
ICBC commonly pays for physiotherapy, massage therapy and chiropractic care to help treat your pain. If you need to attend the gym, then ICBC should pay for your gym pass. If you have driving anxiety, depression, anxiety or post-traumatic stress disorder, then ICBC should pay for your counseling. Talk to a Preszler Law BC lawyer to find out if ICBC should be paying for your treatment.
How do I know if ICBC is offering a fair settlement?
In order to know if you have been offered a fair settlement, you need to know:
- who caused your accident, legally speaking;
- what your injuries are;
- how long your injuries will last and how they will affect you long-term;
- how much your injuries will affect your work and personal life;
- how much income you will lose over your lifetime due to your injuries;
- what treatment you need now and in the future; and,
- how the law values your injuries.
If you cannot confidently answer each of the above questions, then you may be settling your claim for an unfairly low amount.
Determining the value of your case can be complicated, requiring a careful analysis of your medical records, employment records, the circumstances of your accident, and the law. In many cases, you may need multiple expert opinions from doctors and other professionals to know the full extent of your injuries and losses.
The best way to know if ICBC has offered you a fair settlement is to contact a personal injury lawyer. Preszler Law BC offers free case evaluations by telephone, online or in person.
Can I take ICBC to court?
Yes, if ICBC does not pay for your treatment, your income loss, or other benefits, then you can start a lawsuit asking for fair treatment under the law.
If ICBC has treated you unfairly, then you may also be able to sue them for “bad faith” or punitive damages.
It is best to consult a lawyer before starting a lawsuit against ICBC. The lawyer can explain your rights and may be able to settle your dispute out of court.
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