In this motor vehicle accident injury case the claimant offered to settle for $65,000.00 more than two weeks before trial and that offer was rejected. The insurance Corporation of British Columbia, ICBC, is the mandatory third party insurer for all BC drivers and in this case the defendant was ordered to pay over $193,500 plus double…
If an offer to settle is not accepted within a reasonable amount of time double costs, being a punitive award, can be awarded to the successful claimant if that offer is beaten at trial. This principle applies to almost all personal injury cases including the ones in which a claimant has beat an offer to…
This personal injury claimant beat her offer of settlement made 7 days before trial. As a result the Judge awarded the claimant double costs. The claimant was involved in a motor vehicle accident at the intersection of Lougheed Highway and Pinetree Way in Coquitlam, B.C. in which the claimant suffered mild to moderate soft tissue injuries and…
In this personal injury car accident case ICBC applied for an award of its costs or, alternatively, to deprive the claimant of their costs. ICBC offered to settle for $50,000.00 with the husband and $150,000.00 for the wife. After more than two weeks at trial the Judge awarded the wife $75,000.00 and the husband $189,000.00. (Liu…
This personal injury claimant offered to settle with ICBC for $60,000.00 one day before trial. The offer was only open for acceptance until that same afternoon at 4 p.m. The Insurance Corporation of British Columbia, insurer for the defendant, rejected the offer and the trial judge awarded the claimant over $67,000.00 (Barnes v. Lima, 2014 BCSC 1475).…
This personal injury case began on Highway 1 approaching the Herrling Island exit when a sanding truck struck the claimant’s vehicle and caused him to lose control and hit the rock face. The Insurance Corporation of BC, ICBC, denied the hit and run claim on the grounds that it was a single‑car accident and that a…
This is a review of an award of double costs against an ICBC insured for failure to accept a reasonable offer of settlement( J.D. v. Chandra,2014 BCSC 1272) . This successful personal injury claimant offered to settle her ICBC case for $200,000 after attending a Judicial Settlement Conference. The Insurance Corporation of British Columbia, ICBC, rejected the…
The claimant was injured when he fell while riding a bus. We reviewed the trial decision, Injury on Bus Fault of Driver and Elderly Passenger. The Court assessed the claimant’s total compensation at two thirds of $35,100, which is $23,376.66. This article is a review of the claimant’s application to recover two thirds of the costs of the personal injury…
This car accident injury claimant was offered $450,000 to settle his settle her personal injury claim against ICBC and its insured(Brewster v. Li,2014 BCSC 463). When the offer was refused the case proceeded to a Supreme Court trial and after 9 days she was awarded $418,500, over $30,000 lower than the ICBC Offer. The Judge…
This successful personal injury claimant was awarded double costs of all steps taken in the lawsuit following an offer to settle he made in the week before the trial (Ostrikoff v. Oliveira,2014 BCSC 842). In ICBC personal injury cases additional costs can be awarded to a party if they beat a reasonable offer made before the…