Seeking Legal Counsel (12:V)
|This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on July 18, 2021.|
NOTE: The following portion of this chapter is meant to serve as a basic primer covering some of the key principles of the new ICBC system, which applies to claims for accidents occurring on or after May 1, 2021. Given that this no-fault system is new as of May 1, 2021, there are still certain portions of it that are being clarified, or that may adapt with implementation.
The new no-fault system means that a majority of claims will now be adjudicated directly by ICBC instead of going through the court system.
However, there are certain circumstances in which an insured party may still wish to consult with a lawyer. This includes cases that are exceptions to the no-fault system (see Section VII: When You Can Still Sue). This may also include certain instances in which an insured party chooses to dispute an ICBC decision in court, such as minor injury determination disputes, or liability and damage disputes (see Section VI: Disputes With ICBC).
Parties may also consult legal counsel for general legal advice about their claim.
Those seeking legal representation for disputes, to claim benefits, or for general legal advice about their claim should be advised that many personal injury firms operate on a contingency basis, and the insured may not have to pay up front fees. See Part II, Section VIII.C: Seeking Legal Counsel for Your Claim for more information about contingency contracts, as these were common under the old ICBC system, and many lawyers may still use them for representation under the new system.
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