For ICBC, money must really grow on trees. In this car accident injury case the claimant delivered a formal offer to settle for $398,000 less what had already been paid by the Insurance Corporation of British Columbia, ICBC. The defendants countered with a settlement offer of $238,000 less what had already been paid by ICBC. The Court awarded $721,053.63 plus double costs.(Crookall v. Higby,2018 BCSC 1544)
The claimant was successfully in this application for double costs from the date of their offer to the end of the trial. The formal offer rule, 9-1, is intended to encourage early settlement of civil claims by rewarding people that make a reasonable settlement offer. The rule is also designed to penalize parties like ICBC that refuse to accept reasonable offers to settle.
Settlements made to avoid the cost and delay associated with protracted litigation are an essential part of a healthy system for the resolution of disputes.
Importantly, Rule 9-1(6)(a), must be considered with reference to the recipient’s knowledge of the circumstances as they existed at the time the offer was made. In this case it was obvious that ICBC was aware of the circumstances of the claimant when it refused to settle.
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!
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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.