When it comes to settling personal injury claims, car accidents involving ICBC have several unique limitations, deadlines and time limits. Do not let the ICBC adjuster bully you into to settling your case too early.
ICBC adjusters may try to raise concerns about expenses and legal costs to have you pursue your claim without a legal advocate. ICBC is not looking out for a claimant’s best interest, rather the interest of the corporation. ICBC generally has no duty to help a claimant make a proper claim or protect against a missed deadline. ICBC has a team of experienced lawyers on their side and the adjuster will deny your claim if you have missed a deadline.
First, determine the material facts. Pedestrian, bicycle and car accidents are treated differently in legal duty and claim process. Second, identify the limitation period applicable to your case. Third, calculate the deadline and set the limitation date.
A motor vehicle accident occurring on a roadway; is a hit and run; involves a minor; ICBC benefits have already been paid; a municipality is involved; in the course of employment. These are several considerations that focus the inquiry into the important time limitations after a car accident in BC.
Do not ignore important deadlines when trying to settle a personal injury case with ICBC. Settlement negotiations do not automatically extend or suspend applicable limitation dates.
Here are 10 limitation dates that may be relevant to your ICBC injury claim settlement:
- A Notice to Mediate (formal settlement meeting) may be served or delivered no earlier than 60 days after the end of the pleading period and no later than 77 days before the date set for the trial (Insurance (Vehicle) Act Notice to Mediate Regulation).
- The basic limitation period is two years for civil personal injury claims. See: Limitation Act, s. 6: and former Limitation Act applies to some cases.
- 30 days to file notice of accident and 90 days to file proof of claim for no-fault ICBC accident benefits. See s. 97 Insurance (Vehicle) Regulations.
- Hit and run written notice to ICBC within six months. See Insurance (Vehicle) Act, R.S.B.C. 1996, c. 231, s. 24(2) as amended.
- Written notice within two months to a municipality. See Local Government Act, s. 736; Vancouver Charter, s. 294(2) .
- Election of ICBC or WCB within three months. See Workers Compensation Act, s. 10(2).
- Claims by minors and persons under a disability. See Limitation Act, ss. 10, 11, 18, and 19:
- Two years to sue ICBC for Part 7 accident benefits from accident or last payment. See s. 103 Insurance (Vehicle) Regulation, B.C. Reg. 447/83,
- Judicial Settlement Conference, at at any stage, but only after a lawsuit is filed. This is the use of a Supreme Court Judge to assist in settlement of a lawsuit.
- Ultimate limitation period of 15 years and rules for when a claim is discovered. See Limitation Act, ss. 8 to 21.
This is a helpful checklist for personal injury lawyers and claimants. It is a shortlist not a complete list or a substitute for good legal advice for your claim. There are several other limitation dates that could be relevant to a personal injury case in BC not included for brevity. This list is not legal advice and time limits change with new legislation and evolutions in common law. An excellent first step in any personal injury matter is to seek a legal consultation immediately.
Posted by Mr. Renn A. Holness, B.A. LL.B. call to BC Bar 1995– available by appointment for the injured. Assisting injury claimants for over 23 years.