In this double costs Fast Track personal injury case(Peacock v. Battel, 2013 BCSC 1902) the claimant made an offer to settle to settle her case for $125,000.00 but the defendant, insured by ICBC, refused making only a $41,000 offer. The court awarded the claimant $255,000 and found that ICBC should have accepted the claimants offer.
This case involved two car accident and as a result of the Fast Track rules there are limits to the amount that can be claimed for legal fees. The judge was clearly of the view that the offer was a reasonable one and should have been accepted. In awarding the claimant $24,000.00 toward her legal fees the judge accepted the argument that the conduct of the defendants in taking an unrealistic negotiating stance and the failure of ICBC to accept a reasonable offer entitled the claimant to double costs.
Posted by Personal Injury Lawyer Mr. Renn A. Holness, B.A. LL.B.
