ICBC (Insurance Corporation of British Columbia) provides basic auto insurance to all BC residents. Many people injured in a motor vehicle accident assume that ICBC will fully cover their losses and take care of their injury claim. However, there are significant limitations to relying solely on ICBC after you are injured – especially if your injuries are serious.
ICBC Coverage Limits
ICBC only provides drivers with mandatory basic auto insurance coverage. The basic auto insurance policy includes a maximum limit of $200,000 for claims due to injuries or death. This basic coverage limit applies regardless of the severity of your injuries or the amount of your losses.
You can purchase optional extended ICBC coverage to increase the limit up to $2 million. However, even $2 million can be inadequate for very serious injuries like brain damage, paralysis, or severe burns requiring extensive ongoing care.
Challenges Getting Full Claim Value from ICBC
ICBC is a Crown corporation, so one of its top priorities is controlling claims costs in order to keep basic insurance premiums affordable for BC drivers. ICBC’s own claims adjusters work for ICBC, not for you. Their job is to settle your injury claim for as little money as possible.
The burden of proof is on you to fully demonstrate your losses and justify why you deserve the settlement amount you are requesting. ICBC will routinely dispute injuries, treatment plans, and other losses in order to lower settlement offers.
ICBC Settlements Typically Lower than Independent Lawyer
Statistical data shows that ICBC injury settlements average about 30% less overall than settlements obtained by an independent personal injury lawyer. Why is there such a significant difference?
Personal injury lawyers have extensive experience negotiating optimal settlements, even for very complex serious injury claims. They know all the important medical and legal evidence needed to prove full losses and maximize claim value. Lawyers work only for your best interests.
In contrast, ICBC adjusters work for ICBC’s best interests, which is minimizing payouts whenever possible. Relying solely on ICBC’s assessment of what your claim is worth often leads to lower settlement offers and insufficient compensation, especially for very serious life-altering injuries.
Why an Independent Lawyer is Crucial for Serious Injuries
For relatively minor soft tissue injuries like whiplash that heal within a few months, you may be able to handle the claim process directly with ICBC without too much difficulty. The limitations of ICBC may not impact you severely.
However, for very serious injuries like brain or spinal cord damage that require a lifetime of medical care and incur massive losses, having an experienced personal injury lawyer is absolutely vital. Here’s why:
- Severe injuries require compiling substantial medical evidence, expert reports, actuarial reports, and other proof of current and future losses and needs. An experienced lawyer has the resources and expertise to gather all this.
- Calculating the true lifetime costs for long-term care, treatment, lost income, loss of homemaking capacity, and other severe injury losses is extremely complex. An experienced lawyer can accurately calculate and justify the full value of the claim.
- Demanding fair compensation from ICBC for catastrophic injuries requires skillful negotiation and complex legal maneuvering. Lawyers intimately understand the claim process and know how to strategically achieve maximum settlements.
- The stakes are extremely high for severe injury claims worth millions of dollars. Having a dedicated lawyer fully protecting your interests can make an enormous difference in settlement outcomes.
Conclusion
Relying solely on ICBC adjusters to determine fair compensation for anything beyond minor soft tissue injuries can severely limit potential claim settlements. ICBC’s coverage limits and cost containment objectives often conflict with injury victims getting fully compensated, especially for catastrophic life-changing injuries.
Consulting an independent personal injury lawyer levels the playing field and ensures you have an experienced professional fully fighting for your best interests. For serious ICBC injury claims, getting expert legal advice is absolutely essential to maximizing your settlement and getting adequately compensated. Do not leave money on the table – consult an experienced ICBC claims lawyer for proper representation.