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"Renn A. Holness is a gifted lawyer and author to over 1000 legal blog articles. Married father of two daughters, son of a neurosurgeon and founder of Holness Law Group."

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Car Acccident Settlement

ICBC Settlements for 2019

There are several new considerations when it comes to settling ICBC injury cases this year. ICBC began 2019 by withdrawing many settlement offers made in 2018  surprising many claimants without lawyers. Here is what to look out for when it comes to ICBC settlements: ICBC Internal Policy – ICBC is now making very low offers to claimants’…

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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 documents. You should know that even after settlement the ICBC settlement file will stay with…

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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 simple Bill of Costs. ICBC’s lawyer had failed to respond to the Bill of Costs…

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Settlement of Fast Track Injury Case Results in Full Legal Costs

In this Fast Track personal injury case, the claimant settled 5 months before trial and was successful in seeking the full amount allowed for legal costs pursuant to Rule 15-1(15) (Karp v. Kalsi,2015 BCSC 1949). The car accident in question occurred 4 years before the scheduled trial after the parties had exchanged documents and the claimant was examined for discovery.…

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Injury Settlement of $77,400 Reduced by Investigation Costs

In this personal injury case a formal ICBC offer to settle in the amount of $77,400 was accepted by the claimant just two weeks before an 8 day trial. ICBC conducted surveillance of the claimant starting the day after the defendant made the offer to settle.  The defendant’s therefore claimed the cost of the investigation…

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7 day notice of Offer to Settle in Personal Injury Case not Required

In this personal injury case the ICBC insured driver rear-ended the claimant and knocked him off his motorcycle. The claimant suffered injuries to his neck which required surgery and ultimately resulted in devastating physical effects due to the onset of conversion disorder. The court awarded the claimant $2,735,818.16 for injuries received as a result of…

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Car Accident Settlement – Costs Same Proportion as Liability

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…

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$85,000 Personal Injury Settlement leads to Fight Over Expenses

ICBC has a statutory monopoly on third party automobile liability insurance coverage in BC and appears to be manipulating this monopoly in ominous new ways, testing our courts sense of justice.  The Insurance Corporation of British Columbia has been systematically refusing to pay for necessary medical and other expert opinion upon settlement of cases to…

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Functional Capacity Evaluation Cost not Part of Personal Injury Settlement

This modest out of court motor vehicle accident settlement with ICBC concerned, in part, the costs of a Functional Capacity Evaluation (“FCE”) set up by the claimant’s personal injury lawyer.  The claimant suffered soft tissue injuries to his neck and upper back after the accident and had ongoing left shoulder pain. If the matter did not settle…

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Settlement of Two Personal Injury Claims means Double the Legal Costs

In this personal injury case involving two motor accidents occurring 6 months apart(Wang v. Dhaliwal,2014 BCSC 1662) the court awarded two set of legal costs totaling $13,000 in addition to the $59,000 out of court settlement. In British Columbia money you get for legal costs as a successful litigation are awarded to to help off-set the actual…

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