Is There a Time Limit for ICBC Claims?
ICBC claims entail strict deadlines, and failure to file or respond within these time limits means your claim cannot go forward. If you have additional insurance coverage, such as through your workplace, make sure you contact that insurance company within its required time limits.
An ICBC lawyer at Preszler Injury Law can negotiate your claim with the ICBC, assist in filling out the often complex forms, and ensure that all necessary time limits for submitting claims are met.
Notifying the ICBC
After an accident, it is critical to notify the ICBC as soon as possible. Preferably, this is done within 48 hours. The ICBC claim reporting lines are open 24/7. A statement regarding the accident is required within 30 days. Within 90 days, you must fill out and return a CL22 accident claim form to the ICBC.
To receive Part 7 accident benefits, return the appropriate forms as soon as possible.
Within 60 days of treatment, you must send in receipts for any treatment or prescription drug expense. After an accident, good record-keeping is essential.
Hit and Run Claims
If the other driver involved in the accident fled the scene, causing injuries or property damage, and is not located, the other party may file a claim with the ICBC hit and run fund. It’s best to file the claim as soon as possible, but the time limit for filing is six months from the accident date.
If you were seriously injured in a motor vehicle accident caused by another driver, the time limit for filing a personal injury lawsuit, or tort claim, is two years from the accident date.
There are rare exceptions to this two-year deadline. If the victim was under the age of 19 at the time of the crash, he or she may file a lawsuit upon reaching that age. There are situations in which a person does not realize they were seriously hurt in the accident until some time later. If it is possible to prove that the injuries from the collision did not become apparent until afterward, the time limit may extend from the date the injuries were discovered.
Extensions are potentially granted in hit and run accidents, in which the at-fault driver is later identified. If the accident victim was already suffering from a life-threatening illness at the time of the wreck, and thus was unable to pursue an ICBC claim at that time, an extension is possible if medical proof of the patient’s prior condition is submitted.
If the car accident occurred while on the job, the victim may have decided to receive WorkSafe BC benefits. If WorkSafe PC declined to pursue an ICBC claim, the victim should speak with a lawyer about the possibility of filing a tort claim beyond the two-year deadline.
A time limit extension is also a possibility if the ICBC or the at-fault driver paid damages to the victim, but the victim never signed a release.
Although the deadline for tort claims is two years, do not wait long before seeking legal advice. An experienced lawyer will thoroughly investigate the circumstances surrounding the accident, and that means time is of the essence before certain evidence may vanish.
If the at-fault driver was driving a vehicle owned and operated by any sort of government agency at the time of the accident –including municipal, public school, and provincial entities –the time period for filing a claim is just two months. If you decide to pursue a tort claim against a government agency, the lawsuit requires filing within six months of the accident.
Contact a Vancouver ICBC Lawyer
If you or a loved one was involved in a car accident caused by another driver, contact our established ICBC law firm and schedule a free consultation. Contact us online or call us 24/7 to schedule an appointment. We will evaluate your claim and let you know your options. Our dedicated lawyers can help you obtain the compensation you deserve for your injuries.