The Supreme Court has presented a new interpretation to offers to settle when it comes to ICBC settlement offers(Kobetitch v. Belski,2018 BCSC 2247). This personal injury lawsuit involved two motor vehicle accidents, the jury awarding the claimant $760,000. ICBC sought costs of the trial based on offers to settle delivered before the trial began. The first ICBC offer…
The Court of Appeal has upheld a $200,000.00 award to a 25-year old student for loss of future earning capacity despite having no settled pattern of employment, and no causal link between her injuries and her inability to keep positions in her desired field of employment. (Layes v. Stevens,2018 BCCA 415). An ICBC offer to…
When ICBC pays for injuries, the worth or value of the claim is determined by judges following accepted values of justice and fairness. However, After April 1, 2019 there will be a government-imposed injury cap of $5,500 and the auto Insurance monopoly, ICBC, will be handed over the power to deny claims as Minor Injuries. These claimants will be…
In this case review the injury claimant was rear-ended in a car accident and claimed a loss of $500,000 due to her injury. The defendants admitted liability and called for a jury trial. About two months before the jury trial the defendants made an offer to settle the case for $50,000 plus taxable costs and disbursements. Two weeks before…
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…
ICBC suffered a knock out blow in this car accident case. ICBC had made formal offers to settle in the amounts of $25,000.00 and $35,000.00 for personal injuries and subsequently settled for $45,000.00 plus costs and disbursements (case expensese) agreed or assessed. The claimants case expenses totalled $32,000 at the time of settlement. Three months after…
This ICBC offer to settle case review focuses on the definition of the term “new money” when contained in a written settlement offer. ICBC offered to settle this personal injury claim for $105,000 new money plus costs but the claimant rejected the offer making a counter-offer of $450,000.00. The judge ultimately awarded $87,250, comprised of $80,000 for…
This ICBC offer to settle case raises two important issues: (1) What ICBC accident benefits should be deducted from the award against the driver; and (2) Should a claimant be denied costs for not accepting an ICBC offer which is the same as the court award. This ICBC personal injury case involved two car accidents. First…
Car accident victims were delivered a catastrophic blow affecting injury settlements for 2018 and the future. Laws passed by a newly formed coalition government empower ICBC to deny, and not settle, injury claims. This has unleashed a flurry of low ICBC settlement offers and dire warnings for the future of innocent victim compensation in British Columbia. Many…
This personal injury claimant proceeded to trial without a lawyer and his claim was dismissed. ICBC had offered $1.00 to the claimant to settle the case before trial and after the claim was dismissed ICBC sought double costs for the claimant’s failure to accept the offer. This ICBC personal injury case involved a collision on Westside Road…
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