Litigant Without Lawyer Ordered to Pay ICBC Costs

After being injured in two cars accidents, the first on the Alex Fraser Bridge, this litigant swaggered into court without a lawyer. ICBC offered him $75,000 but he refused and was awarded $60,000 at trial, all of which will have to be paid back to ICBC as costs. In this article learn about the costs consequences for self-represented litigants…

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Settlement Offer to ICBC Beaten and Double Costs Awarded

In this ICBC personal injury case the claimant was awarded $622,500 after she was injured by a vehicle that turned left across the path of her vehicle. The claimant had however made an offer to settle to ICBC one week before the trial for $315,000 plus costs and disbursements, which was rejected.  The claimant  was therefore entitled to an…

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What to do if ICBC Makes an Offer to Settle

If an ICBC offer is made after an auto accident first get the offer in writing and second confirm the deadline. Understanding offers of settlement is ephemeral for most people but personal injury lawyers gain an enduring knowledge of the ICBC settlement process. It does not matter whether it is the first, second, third or fourth offer…

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The ICBC Settlemet Offer that Got Away

In this personal injury case ICBC made a settlement offer of $70,000.00 plus costs 4 business days before trial and the claimant did not accept the offer nor respond with a counter-offer (Ben-Yosef v. Dasanjh, 2016 BCSC 1945 ). This was a four day Fast Track Trial. The Court awarded the claimant $32,548.52 plus costs as a result of…

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The Proper Wording for an Offer to Settle

For  ICBC personal injury claims, and other personal injury cases, the laws governing settlement offers are more confusing than any time in history. The Supreme Court Rules changed in 2010 and judicial interpretation since then has set settlement negotiations on a new course.  The consequences for failing to accept a reasonable offer are now left to judicial…

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How Much is Your Chronic Pain Case Worth- ICBC Feeling the Pinch

ICBC is the auto monopoly defending most personal injury claims in British Columbia. In the last 6 years ICBC has refused to settle legitimate personal injury claims making very low offers, slogging through and clogging the courts.  ICBC is causing intense aggravation of pain and suffering to victims of personal injury.Some may be convinced the recent crisis within…

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Without Prejudice Offers Not Admission of Liability

Personal injury lawyers and claimants need to know that a “without prejudice” letter from an insurance adjuster containing a request to settle does not extend the limitation deadline to start the lawsuit, says the Court of Appeal (Trombley v. Pannu,2016 BCCA 324).  The trial judge dismissed this personal injury case as statute barred, finding that the letter from the adjuster did not acknowledge…

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How Much My ICBC Claim is Worth- Updating Factors for Valuation

The factors to be considered when valuing a personal injury claim with ICBC or other insurance companies will change according to the stage of  your case. Some of the factors that may be important early on, such as claim reporting and notification, will give way to symptom documentation and medical diagnosis. Beware of the ICBC…

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ICBC Beats Settlement Offer but Full Costs Still Awarded to Claimant

What happens if a claimant does not accept an ICBC offer and the court awards less than the amount offered? Are you forced to accept whatever ICBC offers? Is it a factor that ICBC is a big fish in the small pond of personal injury? Today’s ICBC offer to settle case shows that not accepting an offer…

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