When an ICBC claimant is injured in two car accidents and is at fault for the first, how does the court deal with costs? Here is what the court did recently in Brach v. Letwin,2017 BCSC 101, a Fast Track case:
- the claimant was not entitled to recover his disbursements where they were solely attributable to the First Car Accident.
- the claimant was entitled to recover all of his disbursements where they were solely attributable to the Second Car Accident.
- the claimant’s disbursements, where they are relevant to both actions were recoverable but must be reduced by 25%
- ICBC was entitled to recover its disbursements where they relate solely to the First Car Accident.
- ICBC was not entitled to any recovery disbursements in respect of the Second Car Accident;
- with respect to disbursements made in connection with both actions, the recovery is limited to 75% of the disbursement ( click here to review Brach v. Letwin, 2017 BCSC 101)
By way of explanation the judge concluded that the partial recovery of 75% was a fair and fit allocation on the basis that ICBC was successful in its defence of the First Car Accident.
Posted by ICBC Personal Injury Lawyer Mr. Renn A. Holness, B.A. LL.B.