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Your settlement

Do I need to sue the other motorist?

No. You don't need to start a legal action against another motorist to receive payment of your claim — except in the circumstances described below, under TIME LIMIT. ICBC can negotiate a settlement with you directly without either you or the other motorist having to go to court. This is how most injured motorists reach a settlement with ICBC.

You can consult with a lawyer at any time. Keep in mind that if you hire a lawyer to represent you, your adjuster must work through your lawyer rather than directly with you.

Your rights are protected

By dealing with an ICBC adjuster first you do not lose your rights to hire a lawyer or start legal action later.

You can meet with your adjuster as often as you like. Take your time to consider what you and your adjuster have discussed. There's no rush and many injured people feel more comfortable taking time healing instead of rushing to reach a settlement.

NOTE: If you decide to take legal action most cases must be started within two years of the crash. If the claimant is under 19, legal action must be started within two years after that person's 19th birthday. In some circumstances other limitation periods may apply.

What happens if I sue another motorist?

If you hire a lawyer

If you choose to hire a lawyer to represent you, your lawyer will usually not allow you to communicate directly with your adjuster.

However, you can pay a lawyer to give you advice and continue to represent yourself, if you wish.

Our legal system is adversarial. Judgments are reached through a legal contest between a plaintiff [click for definition] and a defendant. When someone sues, they become the plaintiff and the other driver, or drivers, become the defendants. Once legal action is started, the other driver(s) may have lawyers appointed by ICBC, or another insurer, to represent them.

The Waiting Game
If you sue, your case may eventually have to go to court for a decision. In fact, most cases settle before they go to court. But not all do. And if you cannot reach a settlement outside of court, it could take years before your case goes to court.

The Cost of Litigation
A lawyer's bill is made up of fees and "disbursements" [click for definition]. Many lawyers charge their fees in personal injury cases by way of a "contingency fee" agreement. This means that you will not pay a fee to your lawyer unless you are successful in your case. However, if you are successful, you will need to pay your lawyer a fee, usually a percentage of whatever award you receive, which can be up to one third of your settlement, or judgment. A contingency fee agreement is usually an agreement about fees, not disbursements. You must always pay your lawyer's disbursements regardless of whether you win or lose. You can find out more about "How Lawyers charge" at the website of the Law Society of B.C. the regulatory body for lawyers.

The Possibility of Defeat in Court
If you sue and your case goes to court there is no guarantee that you will win. If you lose:

You will not be able to claim any settlement previously offered to you by ICBC.
You may have to pay some or all of the other side's costs and disbursements