[iwantaskyline]

Hey guys,

So over the weekend I got in an accident, rear-ended. Damages are over 2k for my brand new 2015 car..

Made a claim already but I woke up today with neck pain/headaches. What is the process for me getting an injury settlement here..Totally new to this. Should I lawyer up?

[smoothie.]

If you're thinking "CHA CHING"

get the hell out.

2k damage for a 2015 car... might as well sue playland for bumper cars.


Go see a doctor, and get assessed.

[inv4zn]

Lawyer up... :facepalm: You've been listening to too many ads.

a 2K claim on a brand new car will equate to a certain amount of injury, as you'd expect. And it's most likely very minor.

As smoothie said, get assessed by a doctor, and unless it's absolutely unreasonable, go about your daily life.

And in any case, this is a question you should be asking your adjuster - not the internet. If they offer something you feel is ridiculous, THEN come back?

[iwantaskyline]

I have not seen my actual report for damages. It could be well over 2k...it is not a minor crash. But yea... Ill goto a dr first.

Oh and I'm not looking for a cha ching...Just want to get compensated if I'm going to have to deal with neck pain for the next month while I recover because some asshole fell asleep while driving.

[smoothie.]

I have not seen my actual report for damages. It could be well over 2k...it is not a minor crash. But yea... Ill goto a dr first.

Oh and I'm not looking for a cha ching...Just want to get compensated if I'm going to have to deal with neck pain for the next month while I recover because some asshole fell asleep while driving.

Go see the doc, get assessed, xrays if necessary. Sorry for being a tad harsh in my first post, I read it as only 2k, not over.

[melloman]

Damages are over 2k for my brand new 2015 car..

It could be well over 2k...it is not a minor crash.


:suspicious:

http://i568.photobucket.com/albums/ss124/ralphge/yoda-without-pics-this-thread-is-useless-BWVHSx_zpsf4c01222.jpg

Seriously though, a headlight on any 2015 car is like $800+ these days.. $2k damage is some touch-up paint on your bumper.

[hchang]

OEM shits expensive nowadays, 2k is nothing.

Please don't try to work the system if you're not actually injured, it hurts the rest of us.

Only proceed if you are actually injured and the doctor backs it up.

[iwantaskyline]

Jesus christ...I am just asking what the process is like if anyone has experience here with injuries through ICBC.

I have no idea what the damages are but the parts guy said he guaranteed it is over 2k so I am just repeating what he said. I've been rear ended twice in the last 7 years and this is the first time I'm thinking about filing an injury claim. If I get neck pain and lose enjoyment from my life because of this for the next month you better bet I want some money.

[meme405]

Lol my rear ender was $14k+ damage to a 2007 toyota camry, and the car was written off, with all sorts of frame damage.

I used to make fun of people with injury claims, this shit was karma for that for sure.

6 months later, I missed half the biking season, an entire snowboarding season (albeit a shitty one), my back hurts when I am at my desk for extended periods (which is like everyday), I wake up with pain occasionally, etc.

6 months and I am still not at 100%.

Don't try and bullshit the system, it genuinely hurts the people who actually have injuries, this stupid system is such a pain in the ass because so many people are dishonest about injuries thinking its some sort of payday.

[marksport]

Lol my rear ender was $14k+ damage to a 2007 toyota camry, and the car was written off, with all sorts of frame damage.

I used to make fun of people with injury claims, this shit was karma for that for sure.

6 months later, I missed half the biking season, an entire snowboarding season (albeit a shitty one), my back hurts when I am at my desk for extended periods (which is like everyday), I wake up with pain occasionally, etc.

6 months and I am still not at 100%.

Don't try and bullshit the system, it genuinely hurts the people who actually have injuries, this stupid system is such a pain in the ass because so many people are dishonest about injuries thinking its some sort of payday.

What colour was your car and when was this accident?

[Timpo]

If you are actually injured, go see a doctor and ICBC will call you back and follow up on you to make sure if you are ok.

If you are not sure, get a lawyer. It's up to you.
Never lie and don't try to fuck with ICBC. Soft tissue injuries, such as whiplash are very common way to scam the system. ICBC is very aware of this and you might be under surveillance.
There are stories like how ICBC investigators will ask your neighbours, coworkers, class mates, everybody, on top of surveillance on you. They will check your facebook, and every possible way, and investigate you at full force.

Don't tell them you lost your enjoyment if you didn't lose it, don't exaggerate the injury, if you are playing sports or exercising, let them know. They might come back to you and say "we found out that you're exercising, we conclude that you aren't injured" it's never a good idea to lie or exaggerate. Some people attend doctors more than they need to, just so that they would look like they're injured, they have nothing better to do in life rather than acting like a victim of accident. I'm not saying you are, but there are people out there.

There are countless links about ICBC cases but here are some.
Is ICBC watching me? | Tell Del / Feller & Associates | Vancouver, British Columbia (http://www.telldel.com/FAQs/Is-ICBC-watching-me.shtml)
Video Surveillance | ICBC Personal Injury Claims Lawyer Erik Magraken | Victoria & Vancouver Island BC (http://bc-injury-law.com/blog/tag/video-surveillance)
ICBC Surveillance -- The Camera DOES Lie - Trial Lawyers Advocacy Group (http://tlag.ca/icbc-surveillance-camera-lie/)

Also, not just for OP, but if you are trying to scam the system for *CHA CHING* here are some reality.
If you hire a lawyer, it doesn't mean you would necessarily get more money.
Lawyer fee might be 30%, but there are some administration fees, fee for your doctor's note, fee for everything. You might end up paying 60-70% fee overall, sometimes 100%(no money on your side, after fighting for numbers of years)
https://www.youtube.com/watch?v=8_re5LmgzRs

Also, don't think that you can get a month off from work and get compensated for loss of income. You are only entitled for 75% of your income or $300/week, whichever is less.

The idea here is, just recover as quickly as possible and move on. The studies have shown people who are on fire to recover can recover 4 times faster than people who don't give a shit. Life is short, trying making money off ICBC is not a career unless you're lawyer and you have better thing to do in life.

[SoNaRWaVe]

i was in the exact situation. go get your doctors assessment. if your doc suggests physio or any sort of rehab, you would need to contact your adjuster and forward them a copy of your doctors note. they will confirm if you covered or not. theres usually a surcharge that these places charge you but you can submit the receipts in for reimbursement for the said surcharges.

i was rear ended by a city worker and i was unable to ride my motorcycle for 1.5 riding seasons cuz every time i rode my bike, my back would hurt. my back still bugs me now, sometimes its worse than others.

claim is still open.

[meme405]

What colour was your car and when was this accident?

Accident was in August 2014. Car was silver.

It was a family car, we had owned it since brand new, had only 110k ish km on it. Was perfectly maintained. Icbc gave us a fair price for the car, but I would have much rather this entire scenario never happen and to have the car back..

[marksport]

Accident was in August 2014. Car was silver.

It was a family car, we had owned it since brand new, had only 110k ish km on it. Was perfectly maintained. Icbc gave us a fair price for the car, but I would have much rather this entire scenario never happen and to have the car back..

Was the damage just on the rear or also on the side?

[meme405]

Was the damage just on the rear or also on the side?

From the accident just on the rear. Why? Do you know where the car is?

[nabs]

one thing, don't close the injury claim until you are sure you're better, like give it 2 months or so to monitor any residual injury or pain with your doctor. If you are in fact injured. Soft tissue damage takes a while to appear.

[SoNaRWaVe]

my claim is still open and it is already coming up to 2 years which is the amount of time you get to settle your claim...

this is gonna suck

[Tone Loc]

IMO it's always good to see a doctor upon getting into any kind of significant collision - not talking about 5km/h parking lot bumps here - and notify ICBC what the doctor said, as well as the doctor's contact information, just so you're covered if anything were to arise a few weeks down the road. Especially if you're like me and don't really exercise/play sports it could take a fair amount of time to realize there's something wrong. The last thing you want is for some little kink to come out a month later and have ICBC tell you they closed the file because you didn't report any kind of injury or pain. Just my $0.02...

[Gucci Mane]

my claim is still open and it is already coming up to 2 years which is the amount of time you get to settle your claim...

this is gonna suck

no one pay any attention to this guy. he's a starbucks barista just looking for a pay out..







:troll:

[SoNaRWaVe]

its kinda funny how icbc is pushing out those radio ads these days.

its all about treating us fairly right?

[JesseBlue]

When you called for a claim, did you answer yes when you were asked if you were ok?

[punkwax]

What colour was your car and when was this accident?

Accident was in August 2014. Car was silver.

It was a family car, we had owned it since brand new, had only 110k ish km on it. Was perfectly maintained. Icbc gave us a fair price for the car, but I would have much rather this entire scenario never happen and to have the car back..

Was the damage just on the rear or also on the side?

From the accident just on the rear. Why? Do you know where the car is?

inb4 marksport rear ended meme in August 2014 :toot:

[nabs]

my claim is still open and it is already coming up to 2 years which is the amount of time you get to settle your claim...

this is gonna suck

What do you mean? 2 years to settle your claim? what if you're injury is not healed by then, then what happens?

[Bath Tussue]

^ You have 2 years from the day of the accident to sue the other party.


OP, I hope you are okay.
I was rear ended back in 2011. under $1k in damage. ICBC said it was a "Low velocity impact" and only paid for part of my treatment. I hurt(ed) for at least a year.
I got rear ended again a year later so I don't know how long my first rear ending might have hurt me.

[SoNaRWaVe]

What do you mean? 2 years to settle your claim? what if you're injury is not healed by then, then what happens?

i was told it was to settle my claim, not 2 years from date of accident to sue. in no means am i going to sue, but if it means that my case is closed and thats the end of medical coverage, there needs to be some monetary value from icbc so i can keep going to physio.

[xXSupa]

As others have said, sue only if the injuries are REAL and affect your daily activities long term. Good luck, as it will most likely be a long process.

It's been over 17 months since my mom's accident. Case is still open with ICBC, no fault has been assigned, and we are paying +10% per year for insurance (My mom had 43% discount before, so that's a difference of 53%). Pretty stupid how things work, but we're probably gonna have to wait till 24 months before they can close the case and reimburse for financial & physical damage. Probably won't be much since they are likely to assign 50/50 fault due to lack of evidence.

[J-Chow]

I got a wicked lawyer you could call.

http://www.season1.fr/images/better-call-saul-la-serie.png

:troll:

[punkwax]

See a doctor if you're really in pain. ICBC will follow up with a phone call to see how you are. Tell them you were sore afterward and have or are considering seeing a doctor (if you really are). They will offer you a settlement. If you don't think it's fair because you're in discomfort, consider a lawyer.

My advice: If you're not in a lot of pain, don't get greedy. Not saying thats your personality, but I cannot stand idiots who think an accident is a get rich quick scheme.

I got rearended, over 2k accident as well, experienced head ache/back pain and got around 2k from ICBC.. can't remember exact amount as this was around a decade ago. Sometimes when I get a stiff upper back/shoulder blades I wonder if it was from that.. I never used to. That said, I was in my early 20's and a lot more resilient than I am today, so who knows.

[iwantaskyline]

See a doctor if you're really in pain. ICBC will follow up with a phone call to see how you are. Tell them you were sore afterward and have or are considering seeing a doctor (if you really are). They will offer you a settlement. If you don't think it's fair because you're in discomfort, consider a lawyer.

My advice: If you're not in a lot of pain, don't get greedy. Not saying thats your personality, but I cannot stand idiots who think an accident is a get rich quick scheme.

I got rearended, over 2k accident as well, experienced head ache/back pain and got around 2k from ICBC.. can't remember exact amount as this was around a decade ago. Sometimes when I get a stiff upper back/shoulder blades I wonder if it was from that.. I never used to. That said, I was in my early 20's and a lot more resilient than I am today, so who knows.

Thanks for the information. Yeah my neck has been sore the last two days with headaches here and there. I'm seeing a DR tomorrow. ICBC has already advised me they will pay for all RMT/physio services.

My bodyshop called and said the estimate is 3.6k lol.

[meme405]

Thanks for the information. Yeah my neck has been sore the last two days with headaches here and there. I'm seeing a DR tomorrow. ICBC has already advised me they will pay for all RMT/physio services.

My bodyshop called and said the estimate is 3.6k lol.

Yeah okay, 3.6k is still literally nothing, that's like a new rear bumper and re-spray the panel.

How fast were you hit? Like 20?

My truck got hit in stop and go traffic and I had 2.5k worth of damage, the guy behind me was going maybe 10km/h.

Did you hit your head on something? why do you have headaches?

Feel free to go see a doctor, but keep in mind ICBC ain't dumb, they have started basing settlements on the damage to the vehicle because too many pussies were whining about BS non-symptoms like headaches, when they didn't even hit their head on anything.

[punkwax]

Judgemental much meme405? How about trying to not come across like a condescending prick here. Your post is pretty accusatory.

Personally, I got hit at a red light, complete stop, when I was in my EL by a big truck. He wasn't paying attention but hit his brakes in time that it wasn't full force. I cannot estimate how fast he was traveling. I was looking in my rearview mirror, tensed up because I saw him coming and even though it wasn't a horrific accident, I did get a headache and my back/shoulders did get sore. Minor whiplash perhaps.

You can still get minor pain from a minor accident. No need to be the ICBC white knight here. He's asking a legit question.

[Tone Loc]

Yeah okay, 3.6k is still literally nothing, that's like a new rear bumper and re-spray the panel.

How fast were you hit? Like 20?

My truck got hit in stop and go traffic and I had 2.5k worth of damage, the guy behind me was going maybe 10km/h.

Did you hit your head on something? why do you have headaches?

Feel free to go see a doctor, but keep in mind ICBC ain't dumb, they have started basing settlements on the damage to the vehicle because too many pussies were whining about BS non-symptoms like headaches, when they didn't even hit their head on anything.

You gotta relax man, I know there are shitty people out there who make fraudulent claims but there's no need to go on a tangent vilifying people when you don't know the circumstances of the accident. Are you a doctor, a physician, chiropractor, or lawyer? If you aren't, maybe you should take a less accusatory tone.

When I was rear ended by an SUV in my 2004 Civic, it cost about $4500 of damage, which is small as far as newer cars go... that being said, ICBC told me and my GF to go see a doctor because she was thrown into the seatbelt which then locked. She felt neck and upper back pain, and I didn't. She is about 5'2 100 lbs so she was more affected than me, who honestly felt fine but that's probably because I'm 6'2 220 lbs. I was also holding the steering wheel, which held me in place instead of letting me be thrown forward. She was in pain, and I wasn't. In the same car, same collision, with a seating position difference of about 2 feet.

My point? Different people react to "small" or "large" collisions differently. That's why the injury claims process is there. It sucks, but it's a fact of humanity that every good service will be abused by greedy sacks of shit. There's no need, however, to automatically (and wrongly) assume all people using said service are simply trying to game the system...

P.S. If you are in a truck, which I assume to be a larger, heavier vehicle, no shit you will feel a substantially less collision force than you would driving a little econobox. Partly why I drive a 4runner... So of course you didn't feel anything, irrespective of the cost of damage.

[iwantaskyline]

This is hilarious. I got rear ended and have legit symptoms of pain and asking injury questions regarding ICBC and people are flaming me hahaha!

[meme405]

He's asking a legit question.

Fair enough bit harsh, just saying 3.6k to a brand new vehicle is a pretty minor accident.

As for the question being "legit", nobody in this thread has given any earth shattering information which wouldn't have been explained to you by your adjuster.

Go see your doctor, get healthy, come back to us and settle.

That's it, thats the process.

This is not a program designed to prepare you to go to outerspace, the goal is to get you back to full health, and pay you for any damages from that period. They give you all the forms you need, and they tell you exactly what to do, better than anyone on this thread could tell you.


P.S. If you are in a truck, which I assume to be a larger, heavier vehicle, no shit you will feel a substantially less collision force than you would driving a little econobox. Partly why I drive a 4runner... So of course you didn't feel anything, irrespective of the cost of damage.

My point was how little force it takes to rack up 3600 worth of damage. My truck was 10 years old by that point, OP is talking about a brand spanking new vehicle.

Seriously OP answer the question what is the estimate for how quick the car was travelling when he hit you?

[iwantaskyline]

^
Estimate they emailed me does not say how fast, just the repair costs. I am no rocket scientist but I am sure it was over 10km/hr with the way my neck snapped forward.

Anyways like I've said I've been rear ended twice before this, never considered a injury claim until this one. Also FYI, neck pain can cause headaches -- it is not uncommon.

[meme405]

^
Estimate they emailed me does not say how fast, just the repair costs. I am no rocket scientist but I am sure it was over 10km/hr with the way my neck snapped forward.

Anyways like I've said I've been rear ended twice before this, never considered a injury claim until this one. Also FYI, neck pain can cause headaches -- it is not uncommon.

Fair enough, didn't mean to be so judgemental before, it's late just grumpy I guess. Sorry.

Get healthy, ICBC isn't hard to deal with, the adjuster will send you the forms, just fill them out, make sure you go to your appointments and do as your doctor says to get better.

Keep in mind sooner or later you will have to give your statement of events, and chances are they will ask you how fast he was going, even if you say you have no idea, they will ask you to estimate, even if its just something as vague as >25, or <25 or whatever. So be prepared to answer their questions.

Feel better.

[RiceIntegraRS]

3.6K damage isn't really much but thats the rear of the car. They are built stronger and are made to withstand huge impact. also im assuming Icbc only did the first supplement on the car so when they take the bumper off ect. there gonna find more damage to the rear. I wonder how much damage the other car had then that would paint the picture of how big the accident was.

Anyways I know of soo many people with back problems caused by accidents who weren't fairly compensated. How much is pain free life worth to u? I know a lot of people would pay a lot of money to have there pre accident lives back. Back problems are probably the most trickiest injuries to evaluate. So take your time with it and make sure ur healthy before you settle.

A month of discomfort will fetch u about 1k-2k in compensation from ICBc if u don't miss work. Goodluck

[smoothie.]

^
Estimate they emailed me does not say how fast, just the repair costs. I am no rocket scientist but I am sure it was over 10km/hr with the way my neck snapped forward.

Anyways like I've said I've been rear ended twice before this, never considered a injury claim until this one. Also FYI, neck pain can cause headaches -- it is not uncommon.

Unless the previous accidents caused injuries which were documented, I believe they would treat this as a first time injury, which will definitely not help your case.

[Majestic12]

A lot of armchair lawyers in this thread.

my claim is still open and it is already coming up to 2 years which is the amount of time you get to settle your claim...

this is gonna suck

You have two years to START the claim, not two years to settle it. Once it starts, it can (hypothetically) go on indefinitely. But if the claim stagnates, then the Defendant can apply to dismiss the case for what's called 'want of prosecution'. Effectively, it means that the case is dragging on too long for no good reason. It doesn't happen often.



Also, all the people in this thread that are saying that no vehicle damage = no injury are full of shit.

"[175] There is no legal principle that holds that if a collision is not severely violent or if there is no significant damage to a motor vehicle, the individual seated within that vehicle at the time of the impact cannot have sustained injuries. The authorities clearly establish that, while the lack of vehicle damage may be a relevant consideration, the extent of the injuries suffered by a plaintiff is not to be measured by the severity of the force in a collision or the degree of the vehicle’s damage. Rather, the existence and extent of a plaintiff’s injuries is to be determined on the basis of the evidentiary record at trial: see Gordon v. Palmer (1993), 78 B.C.L.R. (2d) 236."

Midgley v. Nguyen et al, 2013 BCSC 693. Link (http://canlii.ca/t/fx4r7)

[van_city23]

A lot of armchair lawyers in this thread.



You have two years to START the claim, not two years to settle it. Once it starts, it can (hypothetically) go on indefinitely. But if the claim stagnates, then the Defendant can apply to dismiss the case for what's called 'want of prosecution'. Effectively, it means that the case is dragging on too long for no good reason. It doesn't happen often.


Yes, a lot of incorrect information in this thread. From what I can recall, the 2 years to bring a claim is you filing a civil claim in court, not with ICBC. Once the 2 years are up and you don't file a civil claim, ICBC can essentially offer you whatever they want and you won't be able to sue them. It's common sense, ICBC's job is to pay the least amount of money possible and they'll do it which ever way they can. If they can sweet talk you into settlement talks and all that and they 2 year mark of the date of your accident passes, they'll low ball you.
For person injury, if you're injured, in pain, doc says pain may last and you're losing income because of the symptoms from the accident, talk to a lawyer. It's free to talk to one. If it's nothing serious and you think the ICBC settlement offer is reasonable, take it and move on. Otherwise keep in mind that to sue for what you think is reasonable, you must do it within the limitation period.

[SoNaRWaVe]

whats the definition of a stagnate claim?

[inv4zn]

As others have said, sue only if the injuries are REAL and affect your daily activities long term. Good luck, as it will most likely be a long process.

It's been over 17 months since my mom's accident. Case is still open with ICBC, no fault has been assigned, and we are paying +10% per year for insurance (My mom had 43% discount before, so that's a difference of 53%). Pretty stupid how things work, but we're probably gonna have to wait till 24 months before they can close the case and reimburse for financial & physical damage. Probably won't be much since they are likely to assign 50/50 fault due to lack of evidence.

How does that work?

At the lowest 43% discount on the CRS, a single at fault accident will put you at 25%.

How did she jump 10 scales??

I'm not saying you're a liar, but I'm curious as to why that happened.

/offtopic.

[Majestic12]

whats the definition of a stagnate claim?

Months/years pass by with nothing being done on the claim. It just sits there.