Do not do the following when settling with ICBC: (1) Hold back your treatment expenses; (2) Agree to repay your employer’s insurance company after the settlement; (3) Put an inappropriate value on your case; and (4) provide unnecessary and irrelevant documents. You should know that even after settlement the ICBC settlement file will stay with…
In this twisted car accident injury case the ICBC claimant asked for $3 million and received only $62,900 for his injury after a Supreme Cour trial. He was also denied his legal costs. The claimant lost his appeal on the issue of quantum but the Court of Appeal found that as the successful party he was entitled to…
If you have a personal injury case in which the Court has awarded more than the offer you made before trial, you may be entitled to double your legal costs. The relevant parts of The Supreme Court Rule 9-1(5) and (6) state: (5) in a proceeding in which an offer to settle has been made, the…
In personal injury cases there are four different types of offers that can be made to ICBC and insurers: pre-litigation oral offers; pre-litigation written offers; post-litigation oral offers; and post-litigation written offers. We can break down written offers into informal and formal offers to settle. This article will briefly explain how an ICBC claimant can…
This unrepresented ICBC injury claimant was awarded $1,500 for two car accident injuries but was required to pay $19,00.00 in legal costs to the other side ( 2015 BCSC 940) after refusing to accept an ICBC offer of $40,000. There were serious credibility and evidence issues in the personal injury case. The amount awarded does not…
There were two offers to settle made by the claimant in this case: one in the amount of $800,000 before trial and the other during the course of trial, in the amount of $1,010,000. The defendant offered to settle for $55,000.00. At trial the claimant was found 50% at fault for a car accident and…
This significant unanimous decision has effectively done away with double costs for ICBC and other disability insurance companies in civil claims where the plaintiff obtains an award for less than an offer to settle (C.P. v. RBC Life Insurance Company, 2015 BCCA 30). The important issue in this BC Court of Appeal case was the availability of double costs…
In this personal injury case the Claimant made an offer to settle which was rejected by ICBC (the Insurance Corporation of British Columbia). He proceeding to trial and beat his offer by $920. However the Judge was not satisfied that the claimant’s formal offer was one that ICBC ought reasonably to have accepted (Saopaseuth v.…
Once a claim for personal injury is settled there is often post settlement negotiations to award the reasonable case costs. This post settlement negotiation can have a dramatic impact on the money a claimant gets in their pocket after fees, expenses and taxes. In this personal injury case the defendants served the claimant with an…
When making an offer to settle a personal injury case with ICBC it is important serve the offer to settle on all parties of record. In BC Personal injury cases there are usually two main claims that need to be settled: tort and Part VII. The tort claim is the negligence claim against the at…
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