Mudry v. Minhas, 2010 BCSC 1110
August 10, 2010- This ICBC personal injury case involves an injury claim arising from a motor vehicle accident. The Judge decided that the driver being sued was at fault but the Judge dismissed the claim because the evidence showed that the claimant suffered absolutely no injury in the car accident.
18 months before the personal injury trial, the at fault driver, insured with ICBC, gave the injury claimant an offer to settle of $10,000 plus expenses. It was not accepted. This offer was withdrawn and on the same day, an offer of $40,000 plus assessable costs and expenses was made in its place. This offer expired the last business day before the personal injury trial.
ICBC was asking for double the allowable contribution toward their legal fees. The claimant’s position was that ICBC should pay all its’ own legal fees. The claimant argued that ICBCs’ offer to settle should not be considered or, alternatively, the date of consideration of the final offer should be the last business day prior to the commencement of the trial.
ICBC said that the claimant’s statement to the ICBC adjuster, made 12 days after the car accident, claimed that she was not injured. The records of the attendance at Emergency had no mention of headaches or the motor vehicle accident , and clinical notes of the claimant’s physician indicating that the claimant did not report the accident to be the cause of her complaints.
The Judge found while the claimant should not have to pay double legal fees to ICBC she did have to pay the taxable legal fees and expenses of ICBC for having her claim dismissed. Posted By Mr. Renn A. Holness
Issue: Should the claimant be punished for not accepting a reasonable offer early in the litigation?