Difference between revisions of "Introduction to ICBC Automobile Insurance (12:I)"
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Furthermore, the ''IVA'' and ''IVR'' apply to both universal mandatory coverage and optional coverage. Part 1 of the ''IVA'' applies to ICBC’s mandatory coverage only. Part 4 of the ''IVA'' applies to optional coverage. Parts 5 and 6 of the ''IVA'' apply to both mandatory coverage and optional coverage. | Furthermore, the ''IVA'' and ''IVR'' apply to both universal mandatory coverage and optional coverage. Part 1 of the ''IVA'' applies to ICBC’s mandatory coverage only. Part 4 of the ''IVA'' applies to optional coverage. Parts 5 and 6 of the ''IVA'' apply to both mandatory coverage and optional coverage. | ||
== C. Legal Counsel for Your Claim== | == C. Seeking Legal Counsel for Your Claim== | ||
Most personal injury lawyers will take motor vehicle accident claims on a contingency basis (a percentage of the total sum recovered) and offer a free consultation. | Most personal injury lawyers will take motor vehicle accident claims on a contingency basis (a percentage of the total sum recovered) and offer a free consultation. Since this means that there is usually no cost barrier, it is often wise to at least consult a lawyer to ensure that you will receive the amount to which you are entitled. Here are a few things to be aware of when consulting a lawyer for your claim: | ||
=== 1. Contingency Fees=== | === 1. Contingency Fees=== | ||
Contingency fees usually range between 20 percent and 25 percent if the case is settled before trial, and 33 percent if the case goes to trial. Some lawyers use a sliding scale, so that the fee increases as the trial date approaches. The Law Society imposes limits on contingency fees, and the claimant is unlikely to encounter lawyers who charge more than 33 percent. | Contingency fees usually range between 20 percent and 25 percent if the case is settled before trial, and 33 percent if the case goes to trial. Some lawyers use a sliding scale, so that the fee increases as the trial date approaches. The Law Society of British Columbia imposes limits on contingency fees, and the claimant is unlikely to encounter lawyers who charge more than 33 percent. | ||
=== 2. The Contingency Fee Contract=== | === 2. The Contingency Fee Contract=== | ||
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=== 3. Disbursement Costs=== | === 3. Disbursement Costs=== | ||
Disbursement costs are the expenses incurred for medical reports, transcripts of evidence, police reports, motor vehicle searches, etc. Most law firms will pay these costs for the claimant, and collect them at the end of the lawsuit. | Disbursement costs are the expenses incurred for photocopying, medical reports, transcripts of evidence, police reports, motor vehicle searches, etc. Most law firms will pay these costs for the claimant, and collect them at the end of the lawsuit. | ||
=== 4. Marshalling of Reports=== | === 4. Marshalling of Reports=== | ||
Over the course of the claim, the claimant’s lawyer will collect medical records and deliver them to the defence counsel. | Over the course of the claim, the claimant’s lawyer will collect your medical records, typically for the period from 2 years before the motor vehicle accident to the period following the accident, and deliver them to the defence counsel. As a claimant in a personal injury action, it is important to be diligent in pursuing recommended medical treatment and visiting a family physician, as clinical medical records are typically only generated when a patient attends at an appointment. The lawyer for the claimant and for the defendant(s)/ICBC may also arrange for independent medical evaluations with specialized doctors over the course of the claim. | ||
If there is a claim for loss of prospective earnings or cost of future care, the claimant’s lawyer may also collect and deliver economic briefs and reports by vocational specialists, accountants, actuaries, and other non-medical professionals. | |||
The claimant’s lawyer will also receive defence reports and expert summaries. All of this goes on behind the scenes. Claimants wishing to have a more active role in their file should not hesitate to contact their lawyers for periodic updates. | |||
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