According to the Limitation Act, you have two years from the date of the accident to start an action for personal injuries. If you choose to retain a lawyer, you should do so well in advance of the expiration of the limitation period so that your lawyer has enough time to review your case and take necessary steps to protect your rights.
Regardless of whether you decide to retain a lawyer, we strongly advise that you wait at least two months, and ideally until all your injury symptoms have resolved, before agreeing to settle your claim with ICBC. Some injuries that do not initially appear to be significant can persist and continue to cause discomfort and impairment for much longer than expected.
Lawyers usually charge an hourly rate or a contingency fee. Contingency fees are common in personal injury actions, though they may not always be appropriate in every personal injury case. If your lawyer agrees to accept a contingency fee, they will be paid a portion of the amount you eventually recover. In this type of arrangement, you are not required to pay legal fees until your claim is resolved (which can take months or even years); however, you may still be responsible to pay certain disbursements, or costs incurred by your lawyer in the course of their work on your behalf.
A lawyer can assist you in receiving fair compensation at the conclusion of your claim and in receiving proper medical treatment in the interim. Navigating ICBC’s processes can be stressful. Retaining the services of a lawyer allows you to make recovering from your injuries your first priority.
If you believe that you did not cause the accident and you have sustained injuries, it may be prudent to consider retaining a lawyer and starting a personal injury action. For less severe accidents, it may be possible to resolve your claim through ICBC’s usual processes and legal action may not be required. However, when you have been significantly injured, taking legal action may be the only way to ensure that your interests are protected and that you receive fair compensation.
If you are entirely at fault, ICBC has a duty to defend the other insured party’s claim against you (provided that you were insured at the time of the accident and not in breach of your policy). Be careful in providing statements to ICBC, as these statements may be used as evidence in the future.
