A limitation period is a deadline before which you must start a lawsuit/ notify ICBC. If you do not meet the limitation period, you may lose your right to receive compensation. Therefore, it is very important to keep these limitation periods in mind when pursuing your ICBC claim.
Some of the important limitation periods are:
- For injury claims, you have two years from the date of the injury to start a lawsuit against the party responsible for your injuries (the “tortfeasor”);
- For Family Compensation Act proceedings (i.e. death claims) you have two years from the date of the death of the family member to start a lawsuit against the party responsible for the death;
- Where you are making a claim for a hit-and-run accident, you must give ICBC notice no later than six months after the accident but also when reasonably possible (i.e. don’t delay giving ICBC notice);
- Where a government municipality is involved in the claim, you need to give notice to the municipality within 2 months of the accident;
- If you want to bring an action against ICBC under your insurance policy (e.g. breach of the contract of insurance cases), you must start the lawsuit within one year of the denial;
- For Part VII/ No-Fault accident benefits, you have 30 days to notify ICBC of the accident and 90 days to file a proof of claim (CL-22 Accident Benefit Claim form); and
- For Part VII/ No-Fault accident benefits, you have two years to commence a lawsuit after the accident or the last payment under Part VII by ICBC, whichever is later.
If the person that is making the claim is under the age of majority (i.e. under 19) or is legally disabled than the limitation period does not apply to them unless ICBC sends a Notice to Proceed which will then initiate the running of the limitation period. This is a formal document ICBC will have to send by registered mail to you.
Note that ICBC has no obligation to notify you of the limitation period. They are very happy if you miss a limitation period and will take advantage of your error. Also, these limitation dates are not flexible. There are rare instances where you will be able to get around a missed limitation period.