If you do not have a lawyer and you are dealing with ICBC on your own, the playing field is extremely uneven in that it heavily favours ICBC. This is because ICBC adjusters receive extensive on how to handle and settle claims to the benefit of ICBC, not you. ICBC adjusters have a significant…
The central issues in this Court of Appeal settlement case are whether the parties reached a binding settlement agreement, and if the settlement was repudiated. This can sometime arise in ICBC personal injury cases after a settlement amount as been agreed upon but before the release has been signed. As an important principle in the settlement…
Making an settlement offer agreeing to agree is unenforceable. Likewise if ICBC makes an offer to settle which is an agreement to agree then this offer is not a true offer to settle. In a pithy statement on the power of the Court to enforce out of court settlement agreements, the Court of Appeal had…
The claimant was rear ended when stopped in traffic which caused her vehicle to strike the rear of another vehicle in front of her. This personal injury case settled on the Friday prior to the commencement of trial the following Monday. The settlement was for payment of $736,807.00 new money, plus assessable costs and disbursements for…
Three facts about settling an ICBC injury claim: 1. full and final release of all claims means there’s no turning back, 2. no further treatment paid by ICBC after settlement and 3. two ICBC claims to settle are tort and accident benefits. The ICBC claims settlement process for personal injury is very much dependent on the…
An ICBC injury claim always gets to a point where offers to settle have to be made. If an injury claimant makes a reasonable offer and ICBC refuses to to accept the offer, the Court can punish ICBC if the court award in more than the offer. However, the rules of court allow judges to…
This injury claimant made an offer to settle in the amount of $195,000 about 2 weeks before trial and ICBC responded with an unrealistic and meager $70,000 offer. It only took the jury 6 hours to award $294,500 as damages for the injuries she sustained in a motor vehicle accident. This jury verdict was an incredible 4x…
A sprinkling of true judicial magic was used to arrive at a fair award in this multiple injury case. This was a complicated personal injury case arising from three car accidents wherein the injury claimant settled the second of the three claims with the Minister of Justice but could not reach settlement with Insurance Corporation of…
Should a prior ICBC Settlement amount be deducted from a second and new car accident injury claim? We answer this question in today’s a motor vehicle accident case review. This personal injury case involves a chronic pain claimant with a prior accident she settled with ICBC for $153,300 plus case expenses (the “Settlement”). Should the claimant be awarded a global amount…
For ICBC personal injury claims, and other personal injury cases, the laws governing settlement offers are more confusing than any time in history. The Supreme Court Rules changed in 2010 and judicial interpretation since then has set settlement negotiations on a new course. The consequences for failing to accept a reasonable offer are now left to judicial…