Motor Vehicle Accident Case
In a personal injury case the other (at fault) party generally has insurance and in a typical motor vehicle case in British Columbia both you and the other party have the same insurer, ICBC. An adjuster is typically assigned to your case. It is important to remember that the adjuster works for the insurance company and his job is in part to ensure that the insurance company minimizes the amount it has to pay you. Despite what you may be told otherwise, the adjuster does not work for you.
Our offices only represent injured persons and do not represent ICBC or any insurance company. We act for injured persons on a percentage of recovery basis so that no fee is paid by you for our services up front. We charge only a percentage of what is ultimately recovered by us on your behalf. It can often be very expensive to prove injury claims. We have a good working relationship with a number of financial institutions and in most cases we use our credit facilities to pay the out of pocket expenses necessary to prove your claim and again only recover these upon conclusion of the claim.
There are primarily two sources of compensation available to you when you are injured in a typical motor vehicle accident in British Columbia and they often involve two separate claims.
Part 7 Claim
In the typical case where you are an “insured” in British Columbia as that term is defined in the Insurance (Motor Vehicle) Act you are entitled to receive certain benefits from ICBC known as Part 7 or no-fault benefits to partially compensate you for certain parts of your loss regardless of whether it is you or someone else responsible for the accident. Read More.
You also have a claim against the person or persons responsible for the accident. That is called a Tort Claim. When, as is typically the case, that person has insurance through ICBC your claim in effect ends up being against ICBC as it is ICBC who pays the amount of the judgment or settlement. Read More.
It is very important that both your present situation and your potential future circumstances be examined carefully before your claim is concluded to ensure that you are properly compensated. Stewart Daroux and Danielle Daroux have 40 years of combined experience and considerable knowledge and expertise in the handling of all aspects of personal injury claims and would be happy to meet with you to discuss the merits of a claim in the event you are injured.
Here are a few links we recommend for additional reading:
- Trial Lawyers Association of BC https://www.tlabc.org/
- Courthouse Libraries BC http://www.courthouselibrary.ca
- The Supreme Court of British Columbia http://www.courts.gov.bc.ca/supreme_court/
If you or someone you know is injured in an accident, contact our Personal Injury Team.