In this Personal Injury Settlement Divorce Claim case(2013 BCSC 1827) The wife tried to claim half of the husband’s settlement from ICBC as a family asset.
The husband kept his settlement from ICBC separate and did not use it for any family purpose. He had actually placed the settlement money in a separate bank account and had not used it .
The court agreed with the husband’s submission that the personal injury settlement award money was not used for a family purpose and was therefore not a family asset. Issue: Should a personal injury settlement be considered a family asset subject to division in a divorce?
Posted by Personal Injury Lawyer Mr. Renn A. Holness
3 responses to ICBC Settlement not Family Asset in Divorce Proceeding
December 11, 2019 7:54am
I disagree. If only one party was in the accident and If your married then end up proceeding to get a divorce because of the others actions during his or her recovery and other person (not physically in the accident) is the one to take care of all there needs while healing to get back to his or hers daily work and activities wouldn't that be classified as both partners are effected by the accident claim!
There for sharing a portion would have meaning! .
Just because the other party was not actually in the accident physically the other party is still the one who get emotional and mental abuse. When the party who gets hurt has the other to rely upon to take care of them while he or she is recovering! I believe entitled to a share is well deserved and defined. Wear as both partners have suffered.
ICBC Settlement Money and Divorce – Does your Spouse get Half? | Holness Law Group
May 8, 2015 8:30am
[...] settlement was considered excluded property and the husband did not have to share with the wife: ICBC Settlement not Family Asset in Divorce Proceeding. Remember, if you have got a family law matter, whether you are the husband or wife with an ICBC [...]
January 31, 2015 1:05pm
No; I do not believe a car accident should be part of a divorce settlement. The party who was in the car accident is the one that suffered and will continue to suffer.
"Renn A. Holness is a gifted lawyer and author to over 1000 legal blog articles. Married father of two daughters, son of a neurosurgeon and founder of Holness Law Group."
Jacqueline Small is diligent, professional, and compassionate. She went above and beyond when I was injured in a motor vehicle accident. Anytime I had questions she would respond quickly and always seemed to be one step ahead. I called several accident law firms and none were as knowledgeable and sincere as Jacqueline. Highly recommended!
I would totally recommend this law group. Renn handled my case with the utmost professionalism kept me informed throughout and explained in easy to understand layman's terms. I am very happy with how things worked out. I would highly recommend if you ever need a lawyer to contact him. Great job and a big thank you to all.
Over a period of 4 years Jacqueline Small guided me throughout the entirety of my personal injury claim after a motor vehicle accident left me with chronic pain. My experience was pleasant, professional, thorough, and communication was always open. I was treated with care like a person and not just a case. Jacqueline was with me every step of the way until we reached a settlement with the insurance company. 10/10 I would recommend to any friends or family.