Time Limits on Advancing an ICBC Claim

You have certain time limits to make a claim with ICBC

Section 97 of the Regulation provides that where you claim injury and seeks payment from ICBC for Part VII benefits (no fault benefits); you have certain time limits to make a claim with ICBC:

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

(a) Promptly give the corporation notice of the accident,

(b) Not later than 30 days from the date of the accident, mail to the corporation by registered mail, or deliver to the nearest claims center of the corporation, a written report on the accident with of the circumstances in which the accident occurred and the consequences of the accident, and

(c) Within 90 days from the date of the accident furnish the corporation with a proof of claim in a form authorized by the corporation.

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

Fortunately, ICBC seldom relies on Section 97 to defeat a valid injury claim. That laid-back approach is not guaranteed so you should report to ICBC within the guideline of Section 97.

If the accident involves a driver who you cannot identify (i.e. a hit-and-run claim), there are similar time limits involved which ICBC expects to be followed or ICBC will deny the claim. Please review the section on hit-and-run claims later in the book.

Note that you have a two-year limitation period after the accident to either commence a lawsuit against the at-fault driver or settle the claim with ICBC. There are some exceptions to this rule but if you miss the two-year limitation period you can be rest assured ICBC will close your claim without a pay-out.

You have a two-year limitation period after the accident, or after the last payment under Part VII, to bring a lawsuit against ICBC to compel payment of Part VII benefits. You can use a Section 103 notice directed to ICBC to extend that limitation period without a lawsuit, however.

In summary, when you are involved in an accident, whether it is in British Columbia or otherwise, the best thing to do is make a claim to ICBC as soon as practically possible.