Should You Accept ICBC’s Decision?
Residents of British Columbia have the right to challenge a decision made by ICBC. Still, any adult that considers taking that approach, when disputing such a decision should study the possible economic consequences.
Acceptable methods for disputing ICBC’s decision:
Use the Internal Review Process. If the disputer does not achieve success with that Process, then he or she can sue ICBC.Someone that wants to sue ICBC should do so within 2 years of the day when coverage was denied.
Expenses linked to suing ICBC
If the disputing parties could take their disagreement to small claims court, then neither side would need to pay for a lawyer’s help. Unfortunately, one of ICBC’s tactics involves making it impossible for any disputing claimant to take his or her case to small claims court.
According to the law, no resident of British Columbia can use small claims court to obtain a declaration. Yet ICBC’s tactic focuses on the nature of the plaintiff’s/disputer’s request. According to that tactic, the plaintiff wants a declaration of contract of insurance.
By framing the disagreement in that way, the Insurance Commission of British Columbia has made it impossible for anyone disputing denial of a claim to have their case heard in small claims course. Consequently, that same plaintiff/challenger must pay for a lawyer. That Injury Lawyer in Kelowna will argue the plaintiff’s case in a higher court.
In other words, ICBC’s rules do not forbid policy holders from suing their insurer. Instead, the insurer has worked with the government to obtain a legal ruling that acts in the insurer’s favor. That ruling increases the costs that must be borne by anyone that sues ICBC.
Help for those that must decide whether or not to accept the insurer’s decision:
Consider the amount of money that might be awarded to you, if you were to win the potential case. Obviously, if you had been denied coverage for a minor collision, it would not seem cost effective to pay for a lawyer. In other words, it would be smarter to accept the fact that you cannot get paid for the collision-caused damages or injuries.
On the other hand, the situation would be reversed, if you had sought money to cover the costs created by a large accident, one that caused the driver and passengers to suffer injuries. In that case, you would have reason to seek out and hire a highly respected lawyer. The payment of that expense would increase the chances that you could win the case. In other words, you would have made a cost-effective move. You could feel more certain of forcing coverage of the damages and injuries that had resulted from the occurrence of the reported and claimed accident.