FAQ

Click on the question you want answered.

Do I need to talk to ICBC?

No. And don’t let them tell you otherwise. It’s true you will need to file a claim with ICBC – but this too can be done by us when you hire us. Obviously if you want compensation for your injuries, ICBC will need to see evidence about your injuries and details about the car crash.

Unless you know what to say and what to provide, it’s best you say and provide nothing to ICBC. ICBC wants to know and collect as much as they can about you, your medical history, and the crash. Before you say, sign, or hand over anything to ICBC after a crash (other than your vehicle), talk to a lawyer. When you hire us, we can immediately ensure ICBC won’t be contacting you anymore and instead talk to us about your claim.

Does Dykstra & Company offer a free first visit for car accident claims?

Yes. When you call to make an appointment, just let the office know it’s your first visit to our office.

How much does it cost to hire Dykstra & Company?

We offer a free first visit to discuss your claim with us. If you hire us, it costs you nothing until you receive compensation. Our legal fees are a percentage of the amount of compensation you get. This is what is called a contingency fee agreement.

Our fee percentage depends at what stage of the claim process your matter resolves. Sometimes a claim resolves fairly early in the claim process, other times claims go to trial. Obviously the longer a claim takes, the more work is involved. That’s why we’re proud to offer our clients what is called a “sliding contingency fee agreement”. This means that the percentage of your compensation that makes up our fee depends on when your claim resolves. Our percentages are as follows:

1. Claim resolves before filing a claim in court: 25%*
2. Claim resolves after filing in court, but before 60 days before the scheduled trial: 27.5%
3. Claim resolves 60 to 14 days before the scheduled trial: 30%
4. Claim goes to trial: 33 1/3%

For all compensation above $500,000, our fee is 20%, regardless of what stage your claim resolves.

*Typically we file a claim between 12 months to 18 months after the date of a car accident.

I have an offer from ICBC – how do I know if it’s a good offer?

Sometimes, especially for minor accidents, ICBC makes a reasonable offer to people who don’t have lawyers. However, if you still ache or have discomfort, chances are ICBC’s offer isn’t enough.

We offer a free first visit during which you can tell us your offer from ICBC. Although, without having reviewed your medical records we can’t tell you exactly the amount you’re entitled to, we’re happy to explain how our courts calculate compensation for injuries. You can then apply this information to your offer and decide whether it’s fair or not.

Should I hire a lawyer immediately after my accident?

Ideally, Yes. The reason is that as soon as you make a claim with ICBC, ICBC will want to talk to you and get you to sign documents. Most people assume they have to talk to ICBC and sign their documents. The truth is you don’t need to talk to ICBC and you don’t need to sign their documents. Yes, you need to provide a written statement – but the necessary content is much less than what ICBC will attempt to collect from you by talking to you on the phone or in-person. Hiring a lawyer with Dykstra & Company will mean you won’t have to deal directly with ICBC any more. Instead, you can focus on getting better.

Also, much of your claim depends a great deal on your medical evidence. It’s important you see your family doctor and get the treatment recommended. Dykstra & Company can help refer you to additional medical specialists to help you get better and prepare reports for your claim.

We know hiring a lawyer is a big decision for you to make. Perhaps you’ve never hired a lawyer before and you believe it’ll cost you lots of money. That’s why we’ll meet with you to discuss your claim at no cost to you. In fact, hiring us won’t cost you until you collect compensation.

What are damages in a personal injury claim?

Damages is the term used to mean money as compensation for your injuries, wage loss, cost of care, and out-of-pocket expenses.

What are Dykstra & Company's legal fees for car accident cases (i.e. ICBC claims?)

Our fee is a percentage of the amount we recover for you. This is called a contingency fee arrangement. Our contingency fee percentage ranges anywhere from 25% to 33 1/3% for personal injury cases - depending on the case.

What does low velocity impact (LVI) mean?

It’s an ICBC policy which means that for minor crashes (determined by ICBC), no compensation will be paid. The reasoning is since there was so little damage to your car, you couldn’t possibly be hurt. Fortunately our courts don’t recognize ICBC’s LVI policy. If you’re hurt and you prove it, you’re entitled to compensation based on your injuries, not the amount of your car damage.

Dykstra & Company takes on LVI cases. Usually you find out your claim is an LVI case by way of a letter from ICBC. If you get a letter from ICBC saying your claim is of a minimal nature that your claim is denied, don’t think that’s the end of your claim. If you’re injured, you’re entitled to compensation. Dykstra & Company does represent injured persons whose claims have been declared LVI by ICBC.