ICBC Accident and Injury Claims
What to do if you are in a car accident?
There are several general steps and procedures involved in an accident or injury claim with an insurance company. After someone has been injured or has been in an accident they are often frustrated and angry. Dealing with an injury claim longer than required is something everyone involved would be glad to avoid. By following several general guidelines the time and frustration associated with the claim can be minimized.
1. Gather as much information relating to the accident or injury as possible
Because many accident or injury claims do not get resolved for several months, notes, photographs and even drawings are more reliable than your memory. Information on everyone and everything involved with an accident or injury will be valuable to the success of your claim.
Generally a written description of the accident or injury should be produced. Notes should be taken on weather conditions, contact information from everyone involved and information from all witnesses to the injury or accident, note what you were doing in the situation, the mental and physical pain of your injuries, all damages involved and anything else that you think would be valuable to your claim. If you have been injured to the point where police and medical care are required a police officer will gather some contact information and contact you when you are ready.
All bills and documents associated with the claim and accident or injury should be kept in a file designated to your claim.
2. Contact a lawyer that specializes in this area of law
Filling an accident or injury claim does not require the assistance of a lawyer, however, in most cases someone involved in an accident or someone who has been injured is in no mood to confuse themselves over filling an accident or personal injury claim. Your lawyer can act as guide or he or she can take care of the entire claim. Hiring a lawyer does not mean you have to be paying someone every step of the way, a lawyer can be as involved with your claim as you would like him or her to be. MJB LLP offers a payment plan where you don’t pay for your lawyer’s services unless you have success with your claim.
One of the first things the lawyer will do is introduce you to your personal injury diary. A diary in which you can record all the information involved with your injury or accident. The information you record in this diary will be very valuable to your claim. A lawyer will also be able to tell you who should be notified of the accident or injury. Normally, several people will be notified. For example, if you we’re in a motor vehicle accident with an employee of a company, both the company and employee will be notified; if you we’re hit by a minor, both the minor and his or her guardian(s) will be notified. A lawyer will also be able to tell you how much money your claim is worth as well as any other items that should be included in your claim.
3. Contact those who may be responsible
A lawyer will contact the defendant(s). Any contact information gathered at the scene of the accident or injury is usually very helpful when you and your lawyer are determining who should be contacted. Contact will consist of the lawyer filing a notice of injury or accident with the people or companies that would be required to defend themselves. Contact is made with a formal letter simply indicating that an accident or injury has occurred and that a claim is being considered, details regarding how the accident or injury occurred, who is at fault, injuries and damages are not included in this letter. The letter should also contain a clause asking for a written response. This notice does not put you in a situation where you must file a claim. This is done simply to protect you if you do decide to file a claim. A defendant can easily protest that they were not given appropriate notice of the claim.
4. Contact with Insurance adjusters
At this point, you will probably begin to receive phone calls from insurance adjusters asking for information regarding the accident or injury. During these phone calls you generally want to give out as little information as possible. Inform the adjuster that you are either considering a claim or filing a claim and that you will notify them at the appropriate time with the appropriate information.
5. Contacting insurance companies with your demands
At this point you must be sure you wish to file a claim. Your lawyer will put together a convincing demand notification for the appropriate insurance companies. This letter will outline how the accident or injury occurred, who was at fault and why, all the costs and pain involved with the claim and a settlement figure. This letter will include copies of all of all the documents and bills associated with you settlement figure.
6. Negotiations with Insurance Adjusters
Once the insurance company has been contacted with your demands, your lawyer will normally make several negotiation phone calls to the adjuster attempting to settle at a figure that is as close as possible to the figure indicated in your demand notification.
7. Settlement in court
Many unresolved accident and injury claims end up in a small claims court. At this point, hiring a lawyer will certainly give you an advantage over any defendants. Once the claim has been taken to court, you or your lawyer will prepare and present your claim. In court any tangible evidence or information gathered throughout the claim process will certainly reinforce any statements you or your lawyer make.
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