Vancouver BC Personal Injury Lawyers - Stephens and Holman

Saturday, April 30, 2011

Who is Entitled to Benefits if There is a Fatality?

If you, your spouse, or your children die in a car accident in British Columbia, the surviving family members are entitled to payment of certain benefits from ICBC. Besides funeral expenses, which are covered up to $2,500, the payments vary according to who has passed away.

If a parent is killed who was considered the “head of household,” the spouse would receive a lump sum from ICBC, along with a weekly amount paid over the course of 104 weeks. Each child in the household would receive similar compensation, paid to their Public Guardian and Trustee. If a child is killed, the surviving adults would each receive a lump sum, but no weekly payments. Common-law partners must have lived together for at least two years before they have a right to these benefits.

You and your family may be entitled to further survivor benefits if another insurer was involved in the collision.

If another person was responsible for the accident causing the fatality, then there may be a claim for dependents’ economic loss under the Family Compensation Act of British Columbia.

No one is ever prepared for a fatality; the consequences for those left behind are always devastating. While money can’t replace the loss, the last thing you should be worrying about in the wake of a family member’s death is an insurer minimizing your payout.

If one of your loved ones has been killed in a car accident in British Columbia, please contact the experienced ICBC settlement attorneys at Stephens & Holman today for a free consultation.

posted by Admin at 9:32 AM

Friday, April 29, 2011

What if the Other Driver is Uninsured?

The ICBC’s Basic Autoplan includes Underinisured Motorist Protection (UMP), which protects you in a car accident where the at-fault driver either doesn’t have enough coverage to pay for your damages, or isn’t insured at all. UMP covers Autoplan motorists for up to $1 million toward the costs of an accident claim.

ICBC also offers Excess Underinsured Motorist Protection coverage, which increases your maximum coverage to $2 million.

However, there are limitations to UMP. You will not be covered if
  • You are driving without the vehicle owner’s permission
  • You are riding in an unlicensed vehicle
  • You are riding in a vehicle that is exempt from Autoplan insurance
  • You take legal action (without ICBC’s written agreement) against a person/organization that may be liable to you for injury or death
  • Your accident occurs in a state or province where the law does not allow you to sue and recover damages for injury or death in an accident
Being aware of your rights and insurance benefits after an accident is paramount in order to obtain proper compensation from ICBC. Hiring an auto insurance lawyer who is well-versed in BC law and ICBC practices can ensure that you do not walk away from an accident with less than you deserve.

If you were recently involved in a car accident where the other driver was uninsured, please contact the experienced BC auto insurance lawyers at Stephens & Holman today for a free consultation.

posted by Admin at 9:27 AM

How Can ICBC Affect My Claim?

While it’s important not to villainize every employee at a major corporation, the unfortunate truth is that ICBC insurance adjusters are paid to minimize your claim payout. Their job performance is partly determined by how little they spend on car accident claims. Though an adjuster may tell you that they’re working for you, they are primarily working for the company – and like any company dealing with thousands of daily transactions, ICBC is always looking to reduce costs on its own end.

After you file a claim, ICBC will arrange for you to meet in person with an adjuster. This meeting is not mandatory; in fact, it can often have a negative effect on your claim, since the meeting is used by adjusters to glean specific information from you that can reduce the amount of your payout. This is especially true for personal injury claims.

Instead of a face-to-face meeting, you can provide a handwritten statement to the adjuster detailing the car accident and any injures that occurred. This is your only obligation. Your statement can be brief, merely containing your name, a sentence about the accident, and a few words about the injuries incurred. At all times, be aware that your statement could be used against you in a lawsuit. Do not omit any important facts, but do not disclose too much.

Dealing with ICBC can be an intimidating and often confusing process. In the middle of a crisis, many people are unprepared for the different tactics ICBC uses to minimize their compensation.

If you live in the Greater Vancouver, British Columbia area and need to file a claim with ICBC, please contact the experienced ICBC settlements and claims lawyers at Stephens & Holman for a free consultation before you discuss your motor vehicle accident with an ICBC adjuster.

posted by Admin at 9:23 AM

Thursday, April 28, 2011

What is ICBC?

Created in 1973 by the British Columbian government, the Insurance Corporation of British Columbia (ICBC) provides universal car insurance to all B.C. motorists. Every driver in British Columbia is required to purchase a basic “Autoplan” through an ICBC broker, which covers up to $150,000 in medical and rehabilitation expenses, and $200,000 in third party liability.

When it was first established, ICBC monopolized auto insurance in the province of British Columbia. However, in recent years, the government has allowed private insurance firms to offer additional coverage plans for collision, extended liability, and more. In order to compete with these private firms, ICBC offers extended coverage plans of it is own, with many of the same benefits.

Filing a claim with ICBC can be complex. Many motorists experience frustration dealing with insurance adjusters who are trained by ICBC to reduce the payout on their car accident claims. Because both vehicle repairs and medical examinations are generally done through ICBC, the objectivity of these assessments is often in question. More and more people are turning to lawyers to help them protect their rights and secure the maximum recovery amount during the ICBC claim process.

If you live in the Greater Vancouver, British Columbia area and have been injured in a motor vehicle accident, make sure you get the compensation you deserve. Please contact the experienced ICBC settlements and claims lawyers at Stephens & Holman today for a free one-on-one consultation.

posted by Admin at 9:10 AM

Wednesday, April 27, 2011

Why Do I Need a Car Accident Lawyer?

While you don’t need a car accident lawyer to seek accident benefits from ICBC, it is strongly recommended because of the complex nature of the ICBC claims process. Insurance adjusters at ICBC are always looking for ways to reduce large claim payouts for car accidents. Generally, the more serious your injuries, the more important it is for you to seek legal advice from an experienced British Columbia personal injury lawyer in order to protect your rights and get the compensation you deserve.

ICBC adjusters are sophisticated negotiators who know the claims process inside and out. They are acting in ICBC’s best interest, not yours. An adjuster’s performance is graded on how much they spend per claim. The lower the allocated expenses are for their files, the higher an adjuster is ranked among their peers.

When you meet with an ICBC adjuster, you may not realize that many of the questions they ask are designed to elicit a statement from you that can be held against you in court, or otherwise used to minimize your claim. Without knowing what to expect, you are putting your claim at risk, and you may not get the financial support you need to make a proper recovery.
Hiring an lawyer does not mean you have to go to court. Less than 1% of all ICBC claims end up in the courtroom. Having an experienced car accident lawyer on your side simply means that you are prepared for the various tactics ICBC will use against you, and can rest assured that your rights are being protected.

If you have been injured in a car accident in British Columbia, please contact the experienced Vancouver motor vehicle accident lawyers at Stephens & Holman today to schedule your initial consultation.

posted by Admin at 9:05 AM

Tuesday, April 26, 2011

After a Car Accident: Can I Use My Own Doctor?

If you make a claim for accident benefits with ICBC, they have the right to select one of their own doctors to assess your injuries. This is in accordance with Section 99 of the Regulations of the Insurance (Vehicle) Act, which states:
  1. An insured who makes a claim under this Part shall allow a medical practitioner, dentist, physiotherapist or chiropractor selected by the corporation, at the expense of the corporation, to examine the insured as often as it requires.
  2. The corporation is not liable to an insured who, to the prejudice of the corporation, fails to comply with this section.
If your claim is more than a straightforward personal injury matter, ICBC may well require you to see one of their doctors. Generally, ICBC uses doctors who are more conservative and who will provide reports that downplay your injuries.

For example, a common type of doctor used by ICBC to assess physical injuries is an orthopedic surgeon, because of their tendency to focus on clear, objective signs of injury. If no objective signs of injury are found by the doctor, he or she will predict full recovery within a specified timeframe. Because of this doctor’s report, your entitlement to accident benefits or compensation could be limited, since ICBC can use the doctor’s medical opinion to argue that your damages are less than what you claim.

If you have been injured in a motor vehicle accident in British Columbia, be sure you know exactly how to approach your appointment with an ICBC doctor. Contact the experienced car accident lawyers at Stephens & Holman today to protect your right to fair compensation.

posted by Admin at 9:03 AM

Monday, April 25, 2011

The Dos and Don’ts After a Car Accident

Car accidents can happen in the blink of an eye. One moment, you’re in the middle of another boring commute, and in the next you’re reeling from impact and wondering what happened. In the aftermath of a car accident, it’s easy to forget the steps you need to take in order to protect your rights and gather all the necessary information for your insurance claim.

Below are a few important DOs and DON’Ts to remember following a motor vehicle accident.

DO:
  • Obtain the names, addresses, phone numbers, and driver’s license numbers of all drivers involved in the accident, regardless of who is at fault.
  • Obtain the insurance details and registered owner names for all involved vehicles.
  • Obtain the plate numbers (including province) of all involved vehicles.
  • Obtain the contact information of any witnesses.
  • Take pictures of the accident scene.
DON’T:
  • Leave the scene without exchanging information. This could be construed as a criminal act and might qualify the accident as a “hit-and-run.”
  • Move an injured person. Wait for trained medical professionals to arrive at the scene.
  • Apologize. Your statements at the scene of the accident can be used against you.
  • Speak with others. Apart from asking for contact information from the other involved parties, it’s better not to discuss the accident itself. What you say could be used against you later.
Canadian vehicle accident laws are complex. When the time comes to file your claim with ICBC, it’s best to seek out the assistance of an experienced car accident lawyer who is familiar with how the ICBC claim process works. Like any insurance company, ICBC will seek to reduce your claim payout, and you should be prepared for the different tactics they might employ.

If you have been injured in a car accident in British Columbia, make sure you are getting the compensation you deserve. Please contact the experienced Vancouver car accident lawyers at Stephens & Holman today to schedule your free consultation.

posted by Admin at 8:59 AM

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