Motor Vehicle Accidents
At Daroux Law we will advocate for you. Learn more about motor vehicle accidents and your legal rights on this
page, and contact us today for legal assistance on your case.
In a personal injury case, the other (at fault) party generally has insurance and, in a typical motor vehicle case in British Columbia, both you and the other party have the same insurer: ICBC.
An adjuster is typically assigned to your case. It is important to remember that the adjuster works for the insurance company and their job is – in part – to ensure that the insurance company minimizes the amount it has to pay you. Despite what you may be told otherwise, the adjuster does not work for you.
Our offices only represent injured persons and do not represent ICBC or any insurance company. We act for injured persons on a percentage-of-recovery basis so that no fee is paid by you for our services up front. We charge only a percentage of what is ultimately recovered by us on your behalf.
It can often be very expensive to prove injury claims. In most cases, we can make arrangements to pay the expenses that are necessary to prove your legal claim and again, only recover these upon conclusion of the claim.
There are primarily two sources of compensation available to you when you are injured in a typical motor vehicle accident in British Columbia, and they often involve two separate claims.
Part 7 Claim (“At-Fault Benefits”)
In the typical case where you are an “insured” in British Columbia – as that term is defined in the Insurance (Motor Vehicle) Act – you are entitled to receive certain benefits from ICBC known as Part 7 or no-fault benefits. These benefits partially compensate you for certain parts of your loss regardless of whether it was you or someone else who was responsible for the accident.
Read more about No-Fault Benefits.
You also have a claim against the person or persons responsible for the accident. This is called a Tort Claim. When, as is typically the case, that person has insurance through ICBC, your claim in effect ends up being against ICBC as it is ICBC who pays the amount of the judgment or settlement.
Learn more about Tort Claims.
It is very important that both your present situation and your potential future circumstances are examined carefully before your claim is concluded to ensure that you are properly compensated. Stewart Daroux and Danielle Daroux have over 50 years of combined experience in the handling of all aspects of personal injury claims and would be happy to meet with you to discuss the merits of a claim in the event you are injured.
Here are a few links we recommend for additional reading:
If you or someone you know is injured in an accident, contact our Personal Injury Team today in Cranbrook, Trail, or Rossland to advocate for your case.