I have been a personal injury lawyer in Vancouver serving injury claimants all throughout British Columbia since 1995 and have been asked this question about settling ICBC claims many times. I am going to discuss some practical considerations when considering settlement of your ICBC(Insurance Corporation of BC) injury claim.
1. Does ICBC have the medical information and opinion in order to resolve your personal injury status?
Ensure the car accident details are presented to the doctor so that the injuries are properly connected to any ongoing disability. Read my article on seeking medical attention for your car accident injury.
2. Have you presented the legal support for each loss you are claiming in your settlement?
The BC civil lawsuit rules of court require you to state the legal basis for your claim. Formal legal training and experience as a personal injury lawyer will assistant you to articulate your injury claim.
3. Do you have evidence to corroborate your compensation for Loss of Earnings or Opportunity?
Before most insurance will entertain settlement of your personal injury claim, you will have to establish that you had a real opportunity to earn and that the injury from your car accident prevented you from taking advantage of that opportunity.
4. Have you Compromised your claim and failed to mitigate your personal injury loss?
ICBC and other insurance companies will often, as a pro forma in the court documents, claim that you have failed to mitigate your loss. Eliminating this risk allows you to negotiate for a higher amount in you personal injury claim.
Getting the highest amount for your claim may require you to go to court and the highest amount may not be able to be achieved in settlement and without having a judge make a decision in your case.
Risk assessment is a personal matter and each claimant will decide the level of risk they are willing to take on, which can be done at a mediation. Unless it is unreasonable and not in your best interest any good personal injury lawyer will agree to take your case to Court if the insurance company offer is too low. For more information check out my short video on getting the highest personal injury award:
Posted by Personal Injury Lawyer in Vancouver Mr. Renn A. Holness, B.A. LL.B.