After your involvement in an accident in British Columbia, you are entitled to file a claim with the ICBC in order to receive compensation for your losses. In order for this claim to be successful, there are deadlines you will have to meet for your claim to remain valid. The biggest deadline to watch out for is the limitation date for the claim you filed against the at-fault party, which is set exactly two years from the day the accident took place. An accident which took place outside of the confines of British Columbia, will most likely require you to meet with a Personal Injury Lawyer Kelowna who can guide you through the process.
Why You Need To Meet The Two Year Deadline:
A claim that is filed after the two years have run out will most likely be barred, and thus no longer be valid. Additionally, you should also be careful not to cut it too close to the deadline since you will heavily struggle to find a lawyer who will take on a case this close to the end of your two-year claims period. This is largely due to the fact that putting together a case and determining fault can be, and most often is, a week-long process.
Is It Possible To File An ICBC Claim Post Deadline?
There are severely limited, and very rare, circumstances under which you may be able to file your lawsuit after the two-year deadline has passed:
If you were a minor, under 19 years of age, when the accident occurred
Sustained injuries were late onset and only became noticeable long after the accident has passed
The identity of the at-fault party was determined long after the accident has passed
You were unable to file your claim on time due to a life-threatening condition
Your accident took place during working hours, so you filed for WorksafeBC benefits who in turn decided to forgo the filing of a claim with the ICBC
You were compensated for your losses by the at-fault party or ICBC, but no release was signed on your part
Barapp Law Firm BC
Are There Other Deadlines To Keep Track Of?
The set two-year deadline is generally applicable, but there are certain cases with significantly shorter deadlines. The most notable is a lawsuit filed against a municipal, i.e. a city or town. For such lawsuits, you or your Accident Lawyer Kelowna are required to give notice within the first two months following the accident. This will then need to be followed up by your lawsuit within the first 6 months following the accident.