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ICBC Refuses Settlement Offer for Personal Injury and Forced to Pay Costs

Offer to settle ICBC case not accepted
In this double costs Fast Track personal injury case(Peacock v. Battel, 2013 BCSC 1902) the claimant made an offer to settle to settle her case for $125,000.00 but the defendant, insured by ICBC, refused making only a $41,000 offer. The court awarded the claimant $255,000 and found that ICBC should have accepted the claimants offer.
This case involved two car accident and as a result of the Fast Track rules there are limits to the amount that can be claimed for legal fees. The judge was clearly of the view that the offer was a reasonable one and should have been accepted. In awarding the claimant $24,000.00 toward her legal fees the judge accepted the argument that the conduct of the defendants in taking an unrealistic negotiating stance and the failure of  ICBC to accept a reasonable offer entitled the claimant to double costs.
Posted  by Personal Injury Lawyer Mr. Renn A. Holness, B.A. LL.B.

Tags: Costs, fast track litigation, ICBC Settlement amounts, Legal Fees, New Civil Court Rules, offer to settle, Rule 15-1, settlement offer

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