ICBC Settlements

Personal Injury settlements involving ICBC cases in the Supreme Court and Court of Appeal of British Columbia. Professional articles written by Vancouver Personal Injury Lawyer Mr. Renn A. Holness

Claim Private MRI as a Special Damage not a Disbursement

Here is an important tip for personal injury lawyers in BC- If the family doctor ordered or requested your client to have a private MRI and the advice was  followed, this cost should be claimed as a special damage, not a disbursement (Uppal v. Judge, 2016 … Continue reading

How to Draft an Offer to Settle to ICBC

  Formal offers to settle in personal injury cases, including ICBC, filed in the Supreme Court are regulated by the Supreme Court Rules. Rule 9-1 is very specific about what is considered an offer to settle.  An “offer to settle” is an … Continue reading

66 Year Old Entitled to Vocational Assessment after Car Accident

This was an assessment of the injury claimant’s bill of costs in a personal injury action that was settled at a mediation some three and a half months before the trial. The issue was whether it was reasonable to incur … Continue reading

ICBC Still not Making Reasonable Offers to Settle

ICBC still is unable to make reasonable offers to settle in many personal injury cases despite spending hundreds of millions of dollars updating their computer systems and firing over 250 mostly managers. The promise of “firm but fair” offer seems … Continue reading

Most Important Personal Injury Cases of 2015

Developments in personal injury law for 2015 are exciting and range from the new and approved claim of moral injury to new limits on sanctions that can be leveled against injury claimants. ICBC claimants that fail to accept a reasonable offer no longer have … Continue reading

ICBC Internal Settlement Documents May have to be Disclosed

Although inconsistent with a recent case refusing disclosure of the ICBC settlement brief,  this case may open the way for claimants to obtain ICBC internal settlement documents for prior car accident claims( Easton v. Chen, 2015 BCSC 2288). However the current state of … Continue reading

Considerations Before Settling Your Personal Injury Claim With ICBC

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 … Continue reading

Settlement Privilege Attached to the Documents Prepared by Previous Lawyer

This was a court application to force a claimant to disclose the details of a prior auto insurance settlement (Gamble v. Brown,2015 BCSC 1873).This lawsuit arose out of a motor vehicle accident which occurred  in Surrey, British Columbia in which there … Continue reading

ICBC Punished for Reprehensible Conduct after Settling Case

Baffled, the Court was forced to award special costs after ICBC settled a personal injury case yet refused to pay costs.  Lawyer Jacqueline Small  obtained $2,000 in special costs and costs thrown away due to ICBC failure to response to a … Continue reading

ICBC’s Policy of not Informing the Public Accepted by the Court

After a hit and run car accident claimant’s cannot and should not rely on ICBC to advise them of the reporting reporting obligations, says the British Columbia Supreme Court. Even though an ICBC claimant is required to report to ICBC … Continue reading