Courtenay ICBC Lawyer

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 Law 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.

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 Law 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.

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