An offer to settle in any personal injury case should be clear and unambiguous. The claimant and ICBC should use plain language when settling car accident cases. The offer of settlement should avoid colloquialisms or idioms that are understood by a limited audience. In today’s case review an ICBC insured sought to deny an injury…
A car accident injury claimant is entitled to appeal a Supreme Court decision to the Court of Appeal. However, as shown in our case study, absent a palpable and overriding error affecting the trial judge’s assessment of the facts, the Appeal Court will not interfere with a finding of fact or an inference based on those facts.…
The claimant was rear ended when stopped in traffic which caused her vehicle to strike the rear of another vehicle in front of her. This personal injury case settled on the Friday prior to the commencement of trial the following Monday. The settlement was for payment of $736,807.00 new money, plus assessable costs and disbursements for…
The Rear Ender: Mechanics of Whiplash Associated Disorder The neck acts as a stationary marker during an average rear end impact collision. When hit from behind by a car the spine and torso load the seat and the torso begins to accelerate. Significantly high shear forces develop in the neck and brain, the spinal curves straighten and the…
Three facts about settling an ICBC injury claim: 1. full and final release of all claims means there’s no turning back, 2. no further treatment paid by ICBC after settlement and 3. two ICBC claims to settle are tort and accident benefits. The ICBC claims settlement process for personal injury is very much dependent on the…
This personal injury case the claimant was awarded a total of $404,282.20. However the defendants made a formal offer to settle before trial for $474,456.00 new money, plus advances of $15,669.40 for a total of $490,125.45, making it $101,475.74 higher than recovered.(Layes v. Stevens,2017 BCSC 2011) The claimant was injured in the motor vehicle accident. It came…
An ICBC injury claim always gets to a point where offers to settle have to be made. If an injury claimant makes a reasonable offer and ICBC refuses to to accept the offer, the Court can punish ICBC if the court award in more than the offer. However, the rules of court allow judges to…
ICBC injury claimants need to be aware that accepting an offer to settle is a binding agreement and further requests to ICBC to make their “best offer” will be futile. In today’s case study the court was asked by ICBC to declare that the personal injury lawsuit was settled for $20,000 plus court costs, for which the court…
If an offer to settle a personal injury claim with ICBC is not in the proper form and not served on all the parties of record, the court can deny costs even if the offer is beat- Granja v. Jozsef, 2017 BCSC 1087. The injury claimant offered to settle his case for $70,000 before trial. ICBC refused…
This injury claimant made an offer to settle in the amount of $195,000 about 2 weeks before trial and ICBC responded with an unrealistic and meager $70,000 offer. It only took the jury 6 hours to award $294,500 as damages for the injuries she sustained in a motor vehicle accident. This jury verdict was an incredible 4x…
“We pride ourselves on our results and our proven track record of success for over 20 years in representing thousands of injury victims throughout all of British Columbia and providing them with complete medical legal care.”