Top 10 Questions from Clients

Over the past two decades, many things have changed with respect to how ICBC car accident claims are handled. One thing that has remained consistent is the questions raised by you, our clients. So, for the benefit of all, here are the top ten questions that our clients have asked us over the years and our responses.

Question 1 – How long does it take for my claim to be settled?
That depends almost entirely on how long it takes you to get better. If you recover from your injuries quickly, your file will usually settle quickly too. If you take a long time to get better and need to see a lot of doctors or don’t ever get better, your claim will take longer to settle. Most claims settle within two years of the time you hire us.

Question 2 – Will my case go to trial?
Most likely, the answer is no. Only one in twenty of the cases we handle end up at trial. We are able to negotiate a fair settlement in the other 19 out of 20 cases. Most cases that go to trial involve liability contests, where ICBC is arguing that you are at fault, or where the injury is so serious that you are disabled from working permanently.

Question 3 – How do the lawyers figure out what my case is worth?
Our evaluation of your case is based entirely on our experience in dealing with similar cases over the last two decades. Every case is unique and every case involves a unique evaluation.

Question 4 – From the time I hire you to the time my case settles, will the lawyer be in constant touch with me?
No. We will contact you when there is something important happening on your file. If you don’t hear from us for a stretch of time, we haven’t forgotten about you. It is just that there is nothing to report to you about.

Question 5 – At the end of my case, will ICBC pay all of my expenses such as the cost of medical reports and treatment costs?
Generally, yes. ICBC always wants to argue about everything, including the expenses. Our job is to make ICBC pay for all of your expenses. An exception may be if your cost of treatment is considered excessive. For example, if you have incurred $5,000 in chiropractic bills, we may have trouble in recovering all of that back. If your treatment costs are getting out of line, we will do our best to warn you.

Question 6 – When should I return to work?
You should return to work when you are fully capable of doing all aspects of your job and when it is safe to do so. If your employer can provide modified duties, you may be able to return to work sooner. You should not return to work if you will be a safety hazard to you or to your co-workers. Keep in mind that the longer you are off work, the more difficult it will be to get back to work.

Question 7 – When should I return to my pre-accident sports, hobbies and recreational pursuits?
If you have been away from your usual activities, and you would like to try to return to them, you should first of all get medical clearance from your family doctor. Make sure that the doctor writes it down in your medical chart.

Question 8 – If I am not getting better, when should I be concerned?
If you have been attending treatment, taking your medication, doing your prescribed exercises and listening to the advice of your doctors and therapists, and you are still having significant pain and disability a year after the accident, it is time to sit down with your doctor and with us to discuss the next steps in your treatment plan,

Question 9 – I think that somebody may be following me. Am I being paranoid?

Probably not. ICBC uses a lot of surveillance. Don’t change anything you do. Just be aware that you could be watched. They are seeing if you are doing something that you told your doctors that you cannot do such as lifting or turning your head. This is one of the reasons why we tell you to be very honest with everything you say, whether it is to a doctor or therapist or an agent of ICBC.

Question 10 – What should be my ultimate goal in an ICBC claim?
Your principal goal should always be to completely recover from your injuries or to at least get as good as you can. Your secondary goal should be for you to get a fair settlement to compensate you for your lost wages, cost of treatment and your pain and inconvenience