Disputing through the courts

You do not need to start legal action to get a settlement. You may speak to a lawyer at any time. If your case goes to court, it will be based on the information presented to a judge. The courts have the final say in any claim.

Your legal 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. You can take your time to consider what you and your adjuster have discussed before hiring a lawyer.

NOTE: If you do decide to take legal action, most cases must be started within two years of the crash. If you are under 19, legal action must be started within two years after your 19th birthday. In some circumstances other limitation periods may apply. Speak to your adjuster to determine the limitation periods that applies to your claim.

What happens if you sue another motorist?

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. If you are disputing fault or if your lawsuit is $25,000 or less, you can access Small Claims Court. If the amount you are disputing is over $25,000, you will need to start the action in Supreme Court.

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 can't reach a settlement outside of court, it could take as long as two years or more before your case goes to court.

The cost of litigation

Many lawyers charge their fees in personal injury cases by way of a "contingency fee" agreement. That means, 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. You must also 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 defendant’s costs and disbursements.

Do you need to sue the other motorist?

No. You do not need to start a legal action against another motorist to receive payment of your claim. ICBC can negotiate a settlement with you directly without requiring either you or the other motorist to go to court. Most injured customers reach a settlement with ICBC without resorting to legal action.