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Motor Vehicle Personal Lawyers

In British Columbia, people involved in a motor vehicle accident may be able to recover some compensation even if they can’t prove that the accident wasn’t their fault.   These are called ‘no-fault’ benefits.  A common example of a no-fault benefit are payments toward a physiotherapist for injuries caused by the accident.

On the other hand, in order to receive compensation for pain and suffering resulting from the accident, then it will have to be established that the accident was not your fault.   In theory, the money awarded under the pain and suffering category of damages is supposed to make up for the suffering.  Because eliminating your pain is physically impossible, money is the only way of providing compensation.   In order to receive compensation for lost wages and lost ability to earn future income, you also probably need to establish that the other driver was at fault for the accident.

It is necessary to establish that the other driver was at fault before trying to estimate the value of a claim.   Even once fault is established, it is usually recommended that you wait until your injury has recovered or plateaued before agreeing to a final settlement.  The risk of settling too early is that you might settle for too small an amount if your injury turns out to be more permanent than originally anticipated.  The vast majority of personal injury claims are settled.  Only a small minority of cases actually go to trial. As soon as possible after the accident, it is important to go and see your family physician.  Specifically, you should tell them about all of your physical and mental injuries.  Follow all treatment recommendations.

ICBC adjusters have an incentive to pay out as little as possible to the injured party. They act for both sides. For this reason, it is recommended that you consider hiring a lawyer who can be completely loyal to you. Make sure to discuss the issue of time limitations, including the limitations for filing a claim.

-Stewart Elworthy