Have you received a settlement offer from ICBC?
If so, you're probably wondering whether you should accept the offer. Perhaps you're wondering whether you have no choice but to accept the offer.
The answer to the question "do I have to accept ICBC's settlement offer?" is NO.
In fact, even if you don't have a lawyer you don't have to accept ICBC's settlement offer if you don't believe it's fair compensation.
What are your options when ICBC makes a settlement offer? 1. Accept the offer
You have the right to simply accept the settlement offer. However, you may wish to consult a personal injury lawyer about whether the offer is reasonable.
2. Negotiate on your own
You can negotiate with ICBC. ICBC negotiates offers all the time. More often than not they'll increase an offer. They're first settlement offer is generally an opening offer. That said, we've encountered ICBC adjusters who won't increase an offer. It happens.
3. Hire a lawyer to negotiate on your behalf
You can hire a lawyer who can start or continue the negotiation process with ICBC on your behalf.
4. Start a lawsuit on your own
You can reject all offers and start a lawsuit. Many injured car accident victims in BC opt not to accept ICBC's settlement offer and instead choose to start a lawsuit in an effort to recover more compensation.
Some people choose to do their own lawsuit, usually in BC Provincial Court (i.e. Small Claims Court). However, just because you go to Small Claims Court doesn't mean that you don't have the burden to prove your case, including your injuries. You do, and you do this by obtaining the necessary medical documentation and perhaps other evidence to prove your injury claim.
BC Supreme Court is much more complex and it's rare that an injured BC car accident victim will pursue their personal injury claim in Supreme Court.
Keep in mind that when you start a lawsuit in either Court, the defendant will most likely a lawyer appointed and paid for by ICBC.
5. Hire a lawyer to pursue your lawsuit
Most injured car accident victims in BC hire a personal injury lawyer when pursuing a lawsuit. It makes sense, because many personal injury lawyers (including all of our personal injury lawyers), if they take your case, will do so on contingency.
How long do you have to decide whether to accept ICBC's settlement offer? Most ICBC offers don't have an expiry date; however, sometimes they do. It depends on the adjuster. They'll tell you with the offer whether there is an expiry date.
That said, most injured victims have up to 2 years from the date of the accident to start a lawsuit. Therefore, you aren't under time pressure early on to accept any offer. Note that there are some exceptions to the 2 year limitation date. Therefore, it's a good idea to at the very least consult a personal injury lawyer about the deadlines in your particular case.
Please keep in mind that going to Court doesn't guarantee you'll recover more compensation than an initial ICBC settlement offer. Again, it's a good idea to talk to a personal injury lawyer for advice and guidance about any ICBC offer and/or your injury claim.
If so, you're probably wondering whether you should accept the offer. Perhaps you're wondering whether you have no choice but to accept the offer.
The answer to the question "do I have to accept ICBC's settlement offer?" is NO.
In fact, even if you don't have a lawyer you don't have to accept ICBC's settlement offer if you don't believe it's fair compensation.
What are your options when ICBC makes a settlement offer? 1. Accept the offer
You have the right to simply accept the settlement offer. However, you may wish to consult a personal injury lawyer about whether the offer is reasonable.
2. Negotiate on your own
You can negotiate with ICBC. ICBC negotiates offers all the time. More often than not they'll increase an offer. They're first settlement offer is generally an opening offer. That said, we've encountered ICBC adjusters who won't increase an offer. It happens.
3. Hire a lawyer to negotiate on your behalf
You can hire a lawyer who can start or continue the negotiation process with ICBC on your behalf.
4. Start a lawsuit on your own
You can reject all offers and start a lawsuit. Many injured car accident victims in BC opt not to accept ICBC's settlement offer and instead choose to start a lawsuit in an effort to recover more compensation.
Some people choose to do their own lawsuit, usually in BC Provincial Court (i.e. Small Claims Court). However, just because you go to Small Claims Court doesn't mean that you don't have the burden to prove your case, including your injuries. You do, and you do this by obtaining the necessary medical documentation and perhaps other evidence to prove your injury claim.
BC Supreme Court is much more complex and it's rare that an injured BC car accident victim will pursue their personal injury claim in Supreme Court.
Keep in mind that when you start a lawsuit in either Court, the defendant will most likely a lawyer appointed and paid for by ICBC.
5. Hire a lawyer to pursue your lawsuit
Most injured car accident victims in BC hire a personal injury lawyer when pursuing a lawsuit. It makes sense, because many personal injury lawyers (including all of our personal injury lawyers), if they take your case, will do so on contingency.
How long do you have to decide whether to accept ICBC's settlement offer? Most ICBC offers don't have an expiry date; however, sometimes they do. It depends on the adjuster. They'll tell you with the offer whether there is an expiry date.
That said, most injured victims have up to 2 years from the date of the accident to start a lawsuit. Therefore, you aren't under time pressure early on to accept any offer. Note that there are some exceptions to the 2 year limitation date. Therefore, it's a good idea to at the very least consult a personal injury lawyer about the deadlines in your particular case.
Please keep in mind that going to Court doesn't guarantee you'll recover more compensation than an initial ICBC settlement offer. Again, it's a good idea to talk to a personal injury lawyer for advice and guidance about any ICBC offer and/or your injury claim.
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Next, schedule a free consultation with a Langley personal injury lawyer about your truck accident personal injury claim.
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