If you’ve been injured in a car accident, we can help. Before you call ICBC, call us for a free initial consultation.
ICBC has lawyers working for them – shouldn’t you have a legally trained professional working for you? Our experienced team of personal injury lawyers deals with ICBC on a regular basis – managing our clients’ claims, negotiating settlements, and taking cases to court where appropriate.
As an injured person unfamiliar with the workings of ICBC and BC’s personal injury tort system, you are at a significant disadvantage when dealing with ICBC, given their extensive experience and vast financial resources. Ramsay Lampman Rhodes helps you level the playing field and understand the process every step of the way.
There are many reasons why clients come to RLR. At the outset of a claim following an accident, clients greatly appreciate leaving communications with ICBC to be handled by our office. They appreciate our involvement in discussing issues such as liability, treatment coverage, and benefit entitlements, which allows our clients to focus on recovery. Finally, as the file progresses, our clients appreciate our experience in settlement discussions and/or trial.
RLR lawyers also help people who have been injured in other personal injury situations, including slip-and-fall cases, maritime incidents, sports cases, and other personal injury situations. If you would like to learn more about your legal rights following an injury, call us today.
BC’s Minor Injury Cap
The new legislation governing motor vehicle accidents has resulted in many new questions from our clients. The most common questions are:
- What exactly is the “minor injury” cap?
- What kinds of cases will fall under the new cap rules?
- Who decides what’s a minor injury and what is not? Does ICBC get to decide?
- What happens if my case is “capped”?
- When do these changes take effect?
Click ICBC Minor Injury Cap to learn more.
You may also find it helpful to review some of the answers to the frequently asked questions we get which you can find under the FAQ tab below.
Injured in a motor vehicle accident after April 1, 2019?
With the recent changes to legislation pertaining to motor vehicle accidents, the single most important thing you can do to make sure your rights are protected is to speak with a lawyer immediately following an accident. Some of the changes impose obligations on injured claimants, and failure to comply with these obligations could have a significant impact on a claim.
What should I do if I’ve been in an accident?
If you’re injured, make an appointment with your doctor so that you can obtain the best treatment advice. We then suggest that you call our team of experienced personal injury lawyers and take advantage of the free consultation that we offer. This allows us to review the details of your case, and we can better provide specific advice for your situation or advise you of what information we need to give you a clear picture of your rights and obligations.
Why is ICBC treating me like this when I’ve paid insurance for so many years?
You buy insurance to protect your assets in case your actions cause harm to someone else. If you’ve been injured in a car accident and you were not at fault, then the insurance adjuster you are speaking with to try to obtain a settlement is not your insurer – that person is representing the other driver, and their job is to ensure that they pay as little out of that person’s policy as possible.
I’ve been in an accident, and I can’t work. How can I pay my bills?
The first step we recommend that you take is to confirm whether you have access to any short or long term disability coverage through your employer. If yes, we suggest that you take steps to apply for coverage along with looking into any EI disability benefits that may be available to you. It is very important to call a lawyer if you are asked to sign a ‘repayment agreement’ to obtain these benefits. If you are not entitled to either of the above, you may be entitled to total temporary disability benefits (TTDs) through ICBC, depending on your work history. Our team of personal injury lawyers can help walk you through your options.
I heard BC has new legislation that affects how victims of motor vehicle accidents are paid.
The new legislation governing motor vehicle accidents has resulted in many new questions from our clients. The most common questions are (1) when do these changes take effect? (2) what kinds of cases will fall under the new “cap” rules for minor injuries? and (3) what will it mean for me if my case falls under the new rules?
The “caps” take effect as of April 1, 2019. From that point on, certain claims will be classified as “minor,” which are then subject to a cap of $5,500 for pain and suffering. Other aspects of the claim may still be compensated in full. The changes are many, and therefore, we strongly recommended that you get legal advice as soon as possible following a motor vehicle accident.
Do I have to sign a form giving ICBC access to my medical records?
You do not have to give ICBC direct access to your medical records. However, ICBC may require relevant medical records to determine if you qualify for no-fault benefits such as treatment funding or temporary total disability benefits (TTDs). You can obtain your medical records yourself and provide them to ICBC as necessary. If you retain our firm to represent you, ICBC will make records requests through us, and we will obtain the required records directly from your doctors and treatment providers. We will provide ICBC with only the relevant records that are needed to assess your claim.
How much is my injury claim worth?
Until your injuries have fully resolved, or a clear medical prognosis about the future can be made, it is impossible to determine the appropriate amount of compensation for your injuries. Once that occurs, the value of your claim is assessed based on precedents established in previous cases, keeping in mind that no two injuries are exactly the same and everyone is affected differently by injuries depending on their particular occupation, hobbies, and responsibilities. Various other factors may have to be considered including past and future income loss, past and future treatment expenses, and the need for housekeeping or other assistance in the home. An experienced personal injury lawyer will help ensure that you receive full and fair compensation for your injuries and their impact on your life.
Why isn’t ICBC helping me?
ICBC is not your insurer when you are the victim in an accident. You buy insurance to cover yourself if you are ever at fault in an accident, not if you are the victim. ICBC’s only obligation is to their insured who is the person who caused your injuries.
What is this going to cost me?
We work on a contingency fee arrangement which means you are not charged any fees until we recover money for you. You do not receive any bills from the firm until your claim is concluded. In the meantime, our firm covers all disbursements necessary to pursue your claim. These are paid by ICBC in addition to the amount of your settlement, so you are never out of pocket for them.
How long is this going to take?
It depends on how long it takes you to recover. You should never consider settling your claim or proceeding with a trial until you know what the future holds. It is only when you have reached the point of maximum medical recovery that we can properly assess your claim. Hopefully, you have fully recovered but, if you don’t, we need to consider how your injuries impact your future ability to work, do things around your home and whether you need future medical care.
Tips for Injured People
- There is no down-side to taking advantage of a free consultation about your case.
- Do not live your life around the fact that you have an ICBC claim. Do not make decisions based on how it may impact your claim.
- See your doctors and other medical professionals regularly and follow their advice. In addition to ensuring the best possible outcome, it is important to document your injuries and recovery for your claim.
- If you need help or feel frustrated call us and we’ll do our best to solve the problem for you.
James Rhodes has plenty of experience at RLR Lawyers having spent two summers working here as a summer student and subsequently articling with us after graduating from UVic Law. James has a pre-law background in business and he is focused on building a general practice acting for clients who have issues ranging from business-related matters,…
David Burns brings experience as corporate-commercial counsel for a large public agency on multi-billion dollar industrial projects to the team at RLR Lawyers. In addition, he has extensive experience advising clients in estate planning and drafting related documents as well as commercial leasing and real estate matters. David is adept at explaining the legal process…
Nadia Rowe is an experienced solicitor who brings a wealth of business law experience to our Courtenay office. Nadia started her career in Vancouver practicing in the areas of business and entertainment law at a leading national law firm. Next, she moved into an in-house counsel role in the education sector with one of BC’s…