All BC injury claims have time limits that can affect your right to compensation. These time limits are governed by the British Columbia Limitation Act or other statutes and regulations. If you do not commence legal action (or settle your case) within these time limits, your claim for compensation could be statute barred. This means you will lose the right to claim damages for your injuries from the person or persons responsible.
Some limitations you should be aware of in any personal injury are:
1. Personal injury claims including ICBC Claims – 2 years
2. Wrongful death claims – 2 years
3. Hit and Run Accident – you must notify ICBC no later than six months. You must also take all reasonable measures to identify the hit and run driver. If you are involved in a hit and run accident and are injured as a result, consult a personal injury lawyer right away to ensure your rights are protected.
See Hit & Run Claims.
4. Where injury has occurred as a result of a government municipality you must give them notice within two months and sue within two years.
5. For accident benefits (Part 7 benefits) from ICBC, you must give notice to ICBC within 30 days and file an application for benefits within 90 days.
If ICBC is denying accident benefits you have 2 years from the last accident benefit payment to sue for benefits. This is a crucial limitation as ICBC may seek to deduct benefits you were entitled to under the accident benefit provisions from your claim for compensation for your injuries.
6. If you are under the age of 19, the limitation period does not begin to run until your 19th birthday. This may not be the case if a Notice to Proceed is issued by ICBC or by the person or persons responsible for your injury.
In short, be aware that if you are injured and want to make a claim for compensation, time limits apply. It is always a good idea to consult a Vancouver ICBC or personal injury claim lawyer to ensure your right to compensation is not lost due to a limitation period.