Car Accident Claims in British Columbia: What to Expect and Why You Should Speak to a Lawyer Early
Being involved in a car accident can be overwhelming, especially when you are left dealing with injuries, vehicle damage, and the insurance process. In British Columbia, most motor vehicle accident claims are managed through the Insurance Corporation of British Columbia (ICBC).
If you have been in a car accident, knowing how the claims process works—and when to get legal help—can make a significant difference in the outcome of your case.
Step-by-Step: How Car Accident Claims Work in BC
1. Reporting the Accident
After a collision, the first step is to report the accident to ICBC. This can be done online, by phone, or at a claim centre. It is important to be factual but cautious with what you say during this initial report. The statements you make early in the process can later affect your claim.
2. Determining Fault
While ICBC has moved to a no-fault system, that doesn’t mean there is no one at fault for the accident. ICBC will assign an adjuster to investigate the accident and determine who was liable (at fault) for the accident. This decision is based on:
The BC Motor Vehicle Act
Statements from drivers, passengers, and witnesses
Police reports (if applicable)
Vehicle damage and accident scene details
If ICBC decides you were partially or fully liable, it could affect your insurance premiums or, based on the situation, result in a breach of insurance and/or a debt owed to ICBC (both of which we will cover in upcoming blog posts).
These liablity decisions can be challenged—but having a lawyer early on to handle the accident claim from the outset can help prevent costly misjudgments that result in unfair decisions about liability.
3. Medical Benefits and Treatment (Part 7 Benefits)
Regardless of fault, you are generally entitled to certain basic medical and rehabilitation benefits under ICBC’s no-fault accident benefits (also known as “Part 7” benefits).
You must meet certain deadlines and documentation requirements to access these benefits. Missing a step can delay your recovery or result in denied coverage. Having a lawyer handle this process can help you focus on your recovery.
Why You Should Contact a Lawyer Immediately
Many people wait until problems arise with their ICBC claim before seeking legal advice. By that point, critical mistakes may have already been made and cannot be undone. Speaking with a lawyer early can help you:
1. Avoid Common Pitfalls
The ICBC claims process is complex and technical. A lawyer can guide you through every stage, ensuring that you don’t miss deadlines, provide inaccurate statements, or unknowingly limit your claim in some way.
2. Protect Your Rights
A lawyer works solely in your interest and can advise you on you individual situation.
3. Document and Build Your Case Properly
Proper medical documentation, evidence, and preparing statements are often required to support your claim. A lawyer knows what is needed and how to present it effectively.
4. Challenge Fault Determinations
If ICBC finds you at fault—or partially at fault—a lawyer can help challenge this assessment, using the law and evidence to advocate on your behalf.
What If You’re Contacted by ICBC Before You Speak to a Lawyer?
It is best to decline to give detailed statements or sign anything until you’ve spoken with a lawyer who can help you understand what’s being asked—and the consequences of agreeing. But be careful - ICBC expects a response within a certain time period. Failing to respond can come with major consequences that we will cover in upcoming blogs.
This article is provided for general informational purposes only and does not constitute legal advice. No legal relationship is formed by reading or relying on this content.
Zachary Dallman is an experienced lawyer in British Columbia who assists clients with car accident and liability apportionment claims. Whether you’re just starting the process or facing an unfair decision from ICBC, Zachary can help you understand your rights and fight for the results you deserve. Reach out to Zachary Dallman for a free consultation; Book or contact Zachary directly at zachary@zacharydallmanlaw.ca or 778.653.6163.