West Kelowna ICBC Claims Lawyer
Find out if you have a case today.
Contact our West Kelowna ICBC lawyers for a free consultation if you have legal questions regarding your ICBC claim.
Table of Contents
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 majority of traffic collisions are not the fault of bad weather, unfortunate circumstance, or poor road conditions; almost all crashes are caused simply by driver error. Traffic “accidents” are no accident, they are caused by inattention, drowsy driving, intoxication, distraction, aggression, and impatience, and all of these are choices made by the at-fault driver. They are not acts of nature or simple bad luck. What must happen following any traffic collision includes a thorough investigation headed by an experienced ICBC lawyer to determine the cause of the crash, who is at fault, and what the liable party is responsible for paying in terms of damages.
Just because the victim’s damages amount to $200,000, for example, does not mean that the other party’s insurance adjuster with ICBC will simply cut a check and let the victim be on their way. ICBC claims are much more complex than that and can involve months of negotiating. We highly recommend that you talk with an ICBC lawyer before discussing your claim with an insurance adjuster or anyone else. The ICBC lawyers with Preszler Injury Lawyers will maximize your compensation and take the stress, confusion, and hassle of dealing with an injury claim out of your hands.
What is Negligence?
Negligent driving occurs when one or more drivers fail to operate their vehicle with the duty of care required by law, and negligent drivers should be held liable for financial compensation when they cause injury to another road user. Negligence can take on many forms, and includes the following:
- Distracted Driving: Distracted driving is any behavior that causes the driver to lose focus on driving. Most commonly, drivers are distracted by their phones or GPS devices, talking with passengers, reaching for objects in the car, and adjusting the radio. In terms of electronic devices, cell phones are wreaking havoc on our roadways. In British Columbia, the fine for using a hand-held electronic device is just $167, which is one of the lowest fines in Canada according to CBC News.
- Aggressive or Impatient Driving: Aggressive, impatient drivers switch lanes frequently, fail to use turn signals, speed, and cut others off at intersections and while merging lanes. This type of road rage driving is a problem in Canada, with some provinces seeing an 80% increase in aggressive driving-related fatalities, according to Global News Canada;
- Driving Under the Influence of Alcohol or Drugs: Alcohol-caused collisions often end in serious injuries, or death, for innocent victims due to the high speed and reckless nature of drunk drivers; and,
- Drowsy Driving: Any amount of fatigue, just like any amount of intoxication, causes significant driving impairment.
The official traffic collision report conducted by the police may or may not reveal the other party’s negligence following their investigation. Sometimes witnesses get mixed up or their accounts are not taken down properly. Crash scene reconstructionists may make mistakes or a proper investigation may not have occurred. In some cases, police bias (such as bias against pedestrians or bicyclists) may be present and cause the truth to be distorted. Whatever the case may be, these investigations are not always accurate. However, even if law enforcement does not get it right, you still have a chance of winning your case in civil court by working with a lawyer.
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.

What You Need to do After an ICBC Traffic Collision Occurs
The most important thing to remember when you get injured in an ICBC collision is to avoid talking with ICBC insurance adjusters. Anything you say to them can negatively impact your level of compensation, even if you are insured by ICBC. ICBC does not have to act in your best interest when it comes to a negligence claim; in fact, as a matter of law, we have an adversarial court system and ICBC is your adversary. ICBC may blame you for the collision as a means to skirt their responsibility to pay a third party liability claim or gather information from you that will harm your claim.
Call the West Kelowna Lawyers at Preszler Injury Lawyers Today
If you were injured as a driver, passenger, pedestrian, bicyclist, motorcyclist, or any other road user, you have the right to pursue compensation with the legal guidance of an experienced ICBC lawyer. Your compensation may be larger than you think, and we want to make sure that you get every dollar owed to you for your out of pocket medical expenses, pain and suffering, property damage, lost wages, and more. Feel free to give our West Kelowna ICBC lawyers a call today by reaching out to the Preszler Injury Lawyers at 1-844-373-8202.
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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