Insurance and ICBC

Insurance and ICBC

Insurance and ICBC

Your home, business, fire, and automobile insurance are there to protect you from losing your property in unfortunate circumstances.  Fires happen.  Homes and cars are broken into.  Car accidents are frequent.

When a claim emerges, you and your insurance companies both have important duties to each other.  The claimant owes the insurer the duty of honesty and complete candor in explaining all the relevant details of the loss.  The insurer owes the claimant the duty to investigate fairly and promptly.

If you are unsure how to handle your insurance company’s investigation of your claim, Mr. Menkes can guide you into how to handle preparing statements and documentation, represent you during the interview process, and communicate with your insurer directly to help ensure a smooth handling of your claim.

Often a little initial guidance in this process means Mr. Menkes’ services are no longer required.

If an insurance company is treating you or your claim unfairly, you have a number of strong legal remedies including hiring Mr. Menkes to represent you in court and prove your claim.

In most car accidents, your contract with ICBC means ICBC defends you if an injured party sues.  If you have good coverage, ICBC hires a lawyer for you and has the authority to settle your case or take it to trial, and this costs you an insurance premium hike, potentially, but nothing else.

You can have problems with ICBC which Mr. Menkes can assist with if the following occur:

If you have no valid insurance or you are under insured, ICBC may pay out the claim on your behalf, but also go after you for recovery of the money.  These are very serious matters often involving hundreds of thousands or millions of dollars.

Sidhu v. The Wawanesa Mutual Insurance Company, 2011 BCSC 1117 (CanLII),

Arson severely damaged the Plaintiffs’ home. The entire family was home asleep when the arson occurred from a window broken in the master bedroom where the father was sleeping and an incendiary device thrown into the room. The insurance company falsely accused the father of setting the fire. The Plaintiffs proved they were entitled to […]

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Vink v. I.C.B.C, 2009 BCPC 266 (CanLII),

The Claimant was accused by ICBC of driving while incapable of operation of her vehicle due to alcohol consumption. The Claimant had been forced off the road due to heavy winds. She had consumed some wine at dinner, but the court found alcohol consumption was not connected to the accident.

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