Common Mistakes With An ICBC Claim

Filing for a personal injury claim following an auto accident – with ICBC – is far from a straight forward process. You can further complicate this process when you make certain mistakes, mistakes that compromise your chances, without ever realizing it. At Ng Sidhu Law, our ICBC lawyers in Surrey are ever ready to handle your personal injury case. 

However, from experience we are aware of many mistakes people make that compromise an injury claim. Here are some of the more common ones. 

Failure to get enough witness information at the accident scene

The onus lies on you to prove, after an accident, that you were not at fault. Although points of impact and skid marks go some way to providing physical evidence, they are not enough. More modern vehicles with new technologies like dashboard cameras can often be a little more revealing; even then, the testimony of drivers and witnesses of the accident are still highly important in any dispute. 

Of course, if you have been incapacitated by the accident you might not be able to do much. If, however, you are able to move freely, it is important that you get the accounts of the other drivers involved in the accident and onlookers. A written or recorded statement will go a long way to validating your claim. It is also a great idea to supplement and complement any witness information with your camera by taking pictures of the accident scene.

Failure to identify other driver(s) involved

It is very much necessary under the law that you take all reasonable steps to identify every person involved in an auto accident – not just hit and run cases. Be sure to gather as much information as possible, including the names and contact information of other drivers involved and the type of vehicles involved and their license plate numbers. You also want to try obtaining photographs of such documents as vehicle ownership papers, insurance information, and driver’s licenses of those involved.

Filing ICBC claims without a lawyer

ICBC is there to help you. But they also have a duty to protect the other drivers against your claims. Their desire is to settle your claim as quickly and as cheaply as is possible. While they mention on their website that “you don’t need to start legal action to get compensation for your injury,” that would not be your best move. For one thing, you might not be able to ascertain what constitutes a fair offer while still on the treatment table – which they would likely table within days or weeks of your accident. As a single individual with little legal experience, you might also find it difficult in negotiations when unfair denials are raised against your claims.

Using social media without caution

Going to social media to celebrate how good your life at a time when you have an ongoing claim with the ICBC can severely hurt your claim. The central point of any claim is the negative damage to your life resulting from the accident, and the seriousness of your injuries can be questioned due to your posts. It would probably be best to go silent on public social media posts until your claim is resolved.

Providing too much information

It is the duty of the ICBC to ask you a lot of questions when you report for a claim. They owe it to other drivers to defend them against such claims. The information you provide can ultimately work against you if you’re not careful. Not all of your personal information might be relevant to your case so you want to be careful about what you let the ICBC adjuster have.

The legal team at Ng Sidhu Law have years of experience helping injured persons in Surrey and the Vancouver district to receive fair settlements – even in cases of unfair denials. You can always consult with us by reaching us through any of our contact information.