Help! I have been served with a lawsuit,
As a personal injury lawyer, I help people who have been injured in accidents.  There are many times, however, that I receive calls or visits from people who have been served with a law suit over an accident that they were involved in.  Perhaps they caused the accident, or they owned a car and lent it to someone who was in an accident, or perhaps they are not even sure why they are getting served with a law suit since the accident was clearly someone else’s fault.  Getting served is frightening to most people.  I thought that I would share my thoughts with you, in case you do find yourself in this situation. 

Don’t panic. If you have insurance with ICBC, call them and tell them you have been served.  Don’t procrastinate – call them right away.  If you have valid insurance, and have not breached your policy of insurance, ICBC will take over from that point onwards.
ICBC will determine what to do with the claim. If a lawyer needs to be hired ICBC will hire one for you.  Don’t worry about whether the accident was your fault or not, or if the person suing was injured or not, this is why you pay for insurance.  You have insurance even if you are 100% at fault for the accident, so just tell the truth. 
You will have to co-operate with your ICBC adjuster and any ICBC defence lawyer, and follow their instructions. Your involvement in the case will, in most cases, be quite minimal.
Keep in mind, there are a couple of situations where you should go and see a lawyer of your own to get independent legal advice:If your ICBC defence lawyer warns you that the claims might be more than your third policy limits; or
If ICBC denies you coverage for some sort of breach of your insurance. Seek legal advice right away.  The court action will not stop – ICBC will likely continue to defend and will later look to you to reimburse them for any money paid out, plus the costs associated with the law suit.
Of course, every case is different so please do not take this as legal advice – it is legal information. For more information, please visit our personal injury page or contact Alana Hughes, our Kamloops personal injury lawyer.


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