Icbc Legal Department Address
Let me start by saying that when people talk about “ICBC claims,” they are usually referring to two different types of claims. The first is “your own insurance”, which means that you are insured with ICBC, something happens that requires you to take out this insurance and apply for your own insurance benefits. This is commonly referred to as a “first party request.” The second, which is perhaps more frequently referred to, concerns “liability insurance”. That is, a person insured by ICBC causes you harm and you claim damages and other funds from that person, who in turn is insured by ICBC and therefore negotiates with ICBC as such. My blog focuses on third-party claims at ICBC, but some interesting reasons were published today by the British Columbia Court of Appeal regarding the limitation period and ICBC first-party claims. The following facts are taken from the reasons for judgment of the applicant. The plaintiff was involved in a serious accident in 1995 at the age of 6. His bicycle was involved in a collision with a motor vehicle. He sustained serious injuries, including a head injury. The claimant was insured with ICBC and filed a first-party claim. In April 2003, ICBC refused to fund other recommended services for the applicant`s brain injury “because Part 7 benefits were no longer available to the applicant because the legal action had not been commenced in time.” This case involved the limitation period (which extends certain limitation periods until a person`s 19th birthday in British Columbia) versus section 103 of the Insurance Act (Vehicle Act), which provides a 2-year limitation period in many circumstances for making a claim against ICBC for primary insurance benefits.
I strongly recommend reviewing this case as well as the applicable statute of limitations for all parents involved in an ICBC claim on behalf of their children. If you don`t have a lawyer for your child`s ICBC claim, it`s important that you are aware of these potential statutes of limitations. In that case, the plaintiff sued ICBC, not claiming its PArt 7 benefits, alleging that ICBC acted negligently “in adjusting the claimant`s entitlement to PArt 7 benefits and that ICBC breached its duty to act in good faith.” ICBC requested the deletion of portions of the applicant`s application. In other words, tried to stop the lawsuit before it could go to court. The trial judge dismissed portions of ICBC`s application and ICBC appealed. In that case, the British Columbia Court of Appeal ruled: “I am of the view that section 103 does not apply to a non-contractual claim against ICBC until the claim is an indirect attempt to enforce the contractual right to benefits. In this case, although ICBC`s alleged breach of an obligation did not result in the claimant not receiving Part 7 benefits, the loss of those benefits does not constitute the claimant`s claim for damages. However, the Court of Appeal did not go so far as to conclude that ICBC has a duty of care to be informed of the limitation period for first claims.
All that was decided was that the applicant was allowed to have his day in court to decide this issue. Ultimately, ICBC may not need to tell you your statute of limitations (even if you are the parent of a brain injured child involved in an ICBC claim), and it should be noted that ICBC argued in court that “it is clear and obvious” that ICBC does not have to inform the parents of this brain injured child of the statute of limitations. SO, DO YOU KNOW YOUR STATUTES OF LIMITATIONS OR GET LEGAL ADVICE? You may have already answered this question in the “What happened?” section. There are deadlines for most lawsuits, and they can be quite complicated. It all depends on the type of claim you have. If you think you`re running out of time and aren`t sure about the deadline, you should seek legal advice. When collisions occur in British Columbia, ICBC is usually the insurer for everyone involved. After the collision, ICBC internally decides on whom the blame will be placed and assigns the respective degree of blame to the parties. Depending on the decision, some of the insurance premiums for motorists may increase.
If that happens to you and you disagree with ICBC, who are you suing? The conventional method is to prosecute the motorist who would be responsible for the accident. The theory is that if another motorist is found guilty in a negligent claim, they will be ordered to pay the costs of the faultless party accident, including increased insurance premiums. When an infringement action is brought, it is easy to add this additional damage to the claim. In practice, ICBC will abide by a court decision regarding the fault and overturn its internal decision if it does not agree with the court`s conclusion. What if you don`t file an infringement claim and your only dispute is with ICBC and its blame? Is the abusive motorist the only party you can sue to challenge ICBC`s decision? The answer is apparently no, and this was recently discussed by the B.C. Court of Appeal in the reasons for judgment released earlier this year. In the most recent case, Innes v. The plaintiff sued the defendant for infringement. The case ended up in the British Columbia Court of Appeal.
The appeal was not about the increase in insurance costs, but about the legal doctrine of res judicata (you can click here to read my previous article, which discusses this topic and provides more context on the case). Despite the alternative direction of the case, Justice Low commented on the right parties in a lawsuit regarding the increase in ICBC insurance premiums: [6] In her handwritten complaint, Ms. Bui, with the help of a translator, described the collision from her perspective, adding in naturally inaccurate English: “Later, ICBC decided it was my fault, but they didn`t let me know, Until I renewed my insurance, I think ICBC was unfair when they say it about my fault and I [want to challenge?] that decision. The claim was listed as “Additional money I had to pay for ICBC” and “Return my 40% discount on my insurance – $1095”. Subsequently, Ms. Bui amended the communication and argued that “. ICBC blamed me because my insurance was upstairs. I want the money ICBC made me pay back. Filling out the part of the form that requires quantification of the claim, she wrote, “Money I paid for ICBC – $1095.” You should conduct a business search before filing the complaint. Business search helps you get the correct legal name of the business. The correct legal name increases your ability to enforce a judgment when the court rules in your favor.
Your Internet Protocol (IP) address is a number that is automatically assigned to the device you are using by your Internet Service Provider (ISP). An IP address can be identified and automatically recorded in our server log files when a user visits the websites, as well as the time of the visit and the page(s) visited. The collection of IP addresses is common on the Internet and is done automatically by many websites. We use IP addresses for purposes such as calculating website usage, diagnosing server problems, personalizing your experience when interacting with us online and offline, for compliance and security purposes, for advertising and website administration. In the event of misuse on the Sites, we may block certain IP addresses of individuals or geographic locations for security reasons. Keep in mind that if you are suing a business or corporation, you must also have a copy of the search with your claim statement. You can pay the registration fee in cash, by cheque or business cheque, certified cheque, money order or bank cheque to the Minister of Finance. There is no fee to submit your address for the service form. We and our third-party service providers may collect and use other information in a variety of ways, including through your web browser or mobile device, such as: Your Media Access Control (MAC) address, device type, operating system version, and Internet browser type and version. We use this information to ensure that websites function properly, for fraud detection and prevention, and for security purposes.
12. Email – Unsubscribe and Updates. You may update your email address or opt out of receiving certain emails by contacting ICBC at ICBC Privacy & FOI, 217 – 151 West Esplanade, North Vancouver, BC, V7M 3H9. After bringing an action in the Supreme Court regarding your claim with ICBC, you are required to disclose all relevant documents (with some exceptions) in your possession or control and, if necessary, submit to an examination by ICBC`s lawyer (oral examination). These obligations extend to all parties to the dispute. “Personal Information” is personally identifiable information that may include categories of information such as your name, mailing address, email addresses, telephone, fax or mobile phone numbers, or account numbers, and such information may be provided to us through forms, surveys, applications or other online interactions with the Sites.