1.Report to police and ICBC: Reporting the road traffic accident to the police is of paramount importance and should be done at the earliest. The police will issue you with a file number as reference that could be quoted as a reference for future correspondence. In UK, you would need to report the accident to ICBC through a telephone. ICBC will also issue a file number and sets up an appointment for you to see an adjuster. 2. Meeting the solicitor and an ICBC claims adjuster: A consultation with the solicitor is recommended before you meet the adjuster appointed by ICBC. This will go a long way in protecting your interests. The best scenario would be to make your solicitor accompany you to meet the ICBC claims adjuster, so that all information you give out to the adjuster is accurate and your solicitor has the first hand information is building your case at a later date.
3. Negotiations with ICBC: Negotiations can begin anytime after the meeting with the adjuster. The negotiations can go on until you go to court or the case is settled. More than 90% of the ICBC cases are settled before they come to trial. To get the most out of them negotiations normally continue up to the date of the trial.
4. Filing a lawsuit: After a few meetings with your solicitor, the solicitor will review the circumstances and the evidence that keep you out of blame's way. The solicitor would then carry on to reviewing the evidence of damages to your claim by interviewing witnesses for assessing liability.
The solicitor then takes a call on whether to file a lawsuit or not and if necessary, will assess the timing of the lawsuit. The timing would depend on the negotiation level with ICBC, your personal injury symptoms and the size and complex nature of he claim itself.
5. Trial date: Trial date should be set as early as possible, but it is advisable to leave it to the solicitor to do as he/she feels best.
6. Documentation and Pre-trial examinations: After the lapse of 6-12 months from the beginning of a lawsuit, each party to the accident is examined by the lawyers of the other side before trial. This is done to try and gather evidence of liability on your part, so that they could deny part or all of the coverage. In a normal procedure, documents are exchanged that include evidence pertaining to wage loss and other opportunities which may have been lost due to the accident.
7. Trial: If the negotiations fail before trial, going to court becomes necessary. The court hears out the evidence for fault finding, your losses due to the accident and a decision is made by the judge or jury to find the fault and to ascertain the amount of damages suffered.
8. Appeals: If the decision of the court is not acceptable to any of the parties involved, an appeal can be made to the B.C. Court of Appeal. The decision is reviewed, based upon the evidence and facts. A decision is taken to uphold the previous decision or overturn it accordingly.
Perhaps an accident occurred whilst you were a passenger in a car, was it whilst travelling in a taxi or bus. Know your rights! It's not only the driver who can claim, you are also entitled to make a claim. Either the driver of the vehicle you were travelling in/ or the other road user breached their duty of care to you making them culpable.
At Accident Consult we can help, no matter how severe or slight your injury. It could be that you're suffering from whiplash; perhaps you broke a limb or even sustained a more serious injury. If so, make Accident Consult your first point of contact.
At Accident Consult we will assess your claim for free, if you then choose to pursue the claim we will assign a solicitor to you on a no-win-no-fee basis. If a solicitor takes on your case they do so under the understanding that if they lose the case then they will not get paid.
The beauty of a no win no fee accident claim is that it enables everyone that has suffered an injury to make a claim. It is no longer just the preserve of those with money, who can afford exorbitant legal fees.
Why should you use Accident Consult?
?No win no fee.
?No risk.
?100% of the compensation that you're entitled to.
?Friendly and reliable.
If you have been injured in a motor accident within the last three years and are still suffering then call today, we will put you in touch with a specialist solicitor who will assess the legality of your claim. If after talking to the solicitor you choose not to proceed any further then you will not be charged for any advice that is given.
Contrary to popular opinion the likelihood of receiving compensation as a passenger involved in a motor accident is actually very good. It is relatively simple to prove that you as a passenger have no culpability in the matter. If the driver of the vehicle you were in is held liable for the accident, as a passenger, you are still entitled to claim compensation. If the driver is a family member there's no need to worry about negative repercussions, as any compensation that is payable will come from their insurer.
In short if you think you have a claim then come to accident consult for a free, no obligation consultation, we'll take it from there under a no win no fee status to ensure you get exactly what you deserve 100% of the compensation that your entitled to.
Both Julian Hall & Carolyn Clayton are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.