Just got a peronsal injury claim from an accident that happened two years ago.

[Ikith]

Basically there are two "Individuals" that are filing personal injury claims for an accident that happened two years ago. I'm not sure when they filed these claims but we are just receiving notice of it now (Feb 25 2011) for an accident that happened in December 2008. It is filed in Vancouver, B.C. and I have no clue how long one is allowed to file a claim.

What do I need to do? I was covered by insurance back then but it seems they are going for more than my insurance covers (Or I wouldn't have a notice on my table). This really fucks things up because as far as I know they could get me for everything I'm worth.

What the fuck man... FUCK!

[Ksandra]

I did a quick google and found this:

http://attorneygeneralholder.com/per...couver-bc.html

Do you remember the date, was it exactly two years ago? or just a little over or under?

If a little over then the statue of limitations should have run out. If under they have a right to claim.

[edit] statue of limitations btw means how long someone has until they could no longer file a claim. It varies from place to place and dependent on the issue being handled. I would try to look and make sure the 2 years is legit.

[Ikith]

It was over two years ago but we don't know when the papers were filed for this claim. It could have been filed right after the accident and we are just receiving word of it now. I am calling the insurance company when they are open but the letter says "These papers are out for service" which means I am probably going to get served and that someone has said that I can be served.

[Norellicus]

Talk to insurance. Your premiums are paying for entire squads of people to manage this kind of nonsense.

[Ikith]

Oh forgot to add, this is the insurance company we USED to have. We no longer have said insurance and are through a different company.

[Elesirdur]

Is the claim considering an accident or action that took place in Canada and you're a US citizen? By the sounds of it, the petition is filed in Vancouver (probably the Vancouver branch of the BC Supreme Court) so Canadian laws and statutes apply.

Is the petition from ICBC (the Insurance Corporation of BC, basically the state-run insurance company everyone with car insurance is covered under), or from a third-party lawyer? I would be surprised if it was from ICBC since they only deal with your insurance carrier, and rarely the individual; except in cases where the other party doesn't have insurance.

If you need the name of a personal injury (especially traffic/motor vehicle) lawyer in BC send me a PM. I have a friend who works for a firm in Victoria and might be able to either represent you, or send you along to someone who can. Also, you can try the BC Bar Association's Lawyer Referral Service (http://www.cba.org/bc/initiatives/ma..._referral.aspx) to find a lawyer to represent you or get some info on the petition. It does cost $20, but it may be 20 well spent.

[Ikith]

Is the claim considering an accident or action that took place in Canada and you're a US citizen? By the sounds of it, the petition is filed in Vancouver (probably the Vancouver branch of the BC Supreme Court) so Canadian laws and statutes apply.

Is the petition from ICBC (the Insurance Corporation of BC, basically the state-run insurance company everyone with car insurance is covered under), or from a third-party lawyer? I would be surprised if it was from ICBC since they only deal with your insurance carrier, and rarely the individual; except in cases where the other party doesn't have insurance.

If you need the name of a personal injury (especially traffic/motor vehicle) lawyer in BC send me a PM. I have a friend who works for a firm in Victoria and might be able to either represent you, or send you along to someone who can. Also, you can try the BC Bar Association's Lawyer Referral Service (http://www.cba.org/bc/initiatives/ma..._referral.aspx) to find a lawyer to represent you or get some info on the petition. It does cost $20, but it may be 20 well spent.

Yes I am a US citizen and they are Canadian. Unfortunately I don't know the nitty gritty of who its through and probably won't know until I call the insurance company the letter however is from State Farm which is my old provider.

[miokomioko]

Your old insurance company's lawyers will most likely defend you and do what they can to settle out of court. This type of thing almost never involves you much, if at all, as long as you were covered when it happened.

I was in a massive highway auto accident at night in mid 2005 involving several cars. I reported it to my insurance company the following morning and was immediately dropped from their insurance (fucking age bracket + driving a camaro). It wasn't until 3 years later than I was being called in to speak to my insurance's lawyers and others' to give my side of what happened as there were one or more people trying to get compensation for damages/injury/etc. After doing so and signing off on the transcripts of what I said, I never heard another word. In fact, I ended up calling them up a year later to figure out what the fuck even became of the litigation. It was settled out of court by the people representing me.

The system is slow.

[guartz]

Yes, those people finally entered the Canadian hospital for a 30 minute visit, turns out they have a cringe in their neck, now they are suing you.

























































zing

[Qalbert]

peronsal

[Tekki]

peronsal

damn, you beat me

[Amelya]

I'm pretty certain they are required to serve you papers regardless of the amount they are trying to sue for. Your car insurance should state a certain amount they will cover for personal injury claims.

[Elesirdur]

If the issue is between two insurance companies, there's no need for you to be served personally. Your insurance carrier would receive any documents on your behalf and might notify you as a courtesy. However, if you are being served personally then it would indicate that you do not have legal representation in this matter. I served documents in BC for a while so I'm pretty familiar with the process and reasoning behind personal service. If you've got a lawyer, it goes to him/her. If not, it goes to you personally.

[Ddz]

Did the accident happen in WA? The statute of limitations is 3 years, they filed suit because they had to. I work for a personal injury attorney...most personal injury claims settle out of court. Hope you have insurance, because their insurance company will sue yours for reimbursement on injuries/time lost from work/etc.

[miokomioko]

It's very unlikely that it's beyond the statute of limitations. The system is just that slow.

[Ddz]

I am surprised that their attorney took their case, as their statute runs in 9 months (you said Dec 2yrs ago?). Good luck to them getting all the medical records and bills, and insurance ledgers added up and all their shit straight before time's up. Shit is -so- fucking slow.

[Skjie]

If the accident was in BC, they could've gone to ICBC right away, but couldn't settle and ended up going to court. If an accident with ICBC isn't settled in 2 years, it's automatically put to court.