What you need to know:

Your initial meeting with ICBC's adjuster.

  • ICBC scheduled me to go to a claim centre tomorrow to make a claim. Do I have to attend right away? I was injured only 3 days ago.
  • This depends upon whether you are:
    • a driver who was very clearly not at fault, a passenger, cyclist or pedestrian, or
    • a driver who may have been at fault in the accident, and the owner of that vehicle.

    If you are a driver who was very clearly not at fault, a passenger, cyclist, or pedestrian, don't let ICBC pressure you to go right away. You can cancel the appointment and reschedule it in a week or two when you are ready. Your obligation to see ICBC is governed by this regulation:

    "Where an accident occurs for which benefits are provided under this Part, the insured shall

    • promptly give the corporation notice of the accident,
    • not later than 30 days from the date of the accident, mail to the corporation by registered mail, or deliver to the nearest claims centre of the corporation, a written report on the accident with particulars of the circumstances in which the accident occurred and the consequences of the accident [NOTICE that it does not require you to be interviewed by an adjuster or to sign the statement he or she prepares], and
    • within 90 days from the date of the accident furnish the corporation with a proof of claim in a form authorized by the corporation [this is a standard ICBC one page insurance claim form].

    ICBC is not liable to an insured who, to the prejudice of the corporation, fails to comply with this section. "

    This means that before you meet with an ICBC adjuster, you have time to:

    • overcome your initial shock, stress and acute pain,
    • prepare for the interview, and
    • meet with a lawyer if you wish.

    If you are a driver or vehicle owner and there is a possibility that you or the driver of your vehicle were at fault in the accident, then you may be able to put off your appointment for a few days to obtain legal advice. Don't delay any longer than this, as you will want ICBC to cover any damage claims against you. Your obligation to see ICBC soon after the accident is very strict. It is governed by the following regulation under your "third party liability" insurance coverage:

    73 (1) An insured shall

    • promptly give the corporation written notice, with all available particulars, of
      • any accident involving death, injury, damage or loss in which he or a vehicle owned or operated by him has been involved,
      • any claim made in respect of the accident.
    • co-operate with the corporation in the investigation… or defence of a claim or action,
    • allow the corporation to inspect an insured vehicle or its equipment or both at any reasonable time.

    The corporation is not liable to an insured who, to the prejudice of the corporation, fails to comply with this section.

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Your initial meeting with ICBC's adjuster | The documents ICBC asks you to sign

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