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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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ICBC Settlement Amounts

How Much ICBC Payouts are Worth

ICBC Injury Caps ICBC settlement payouts after April 1, 2019 have changed. Compensation for pain and suffering is limited to $5,500 for cases of minor injury. Learn right away whether ICBC will label you as a minor injury. The $5,500 cap does not apply to wage loss or case expenses. There are however other payout…

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Don’t Settle with ICBC Policy

To settle with ICBC, the corporation must negotiate in good faith. ICBC’s recent withdrawal of settlement offers has therefore drawn criticism from many groups and now the Supreme Court. The Car Accident Our featured car accident case was a short personal injury trial in January, 2019. The claimant was driving through the intersection of Sperling…

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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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Reasonable Offer to Settle vs. Offers that Ought Reasonably be Accepted

The Supreme Court has presented a new interpretation to offers to settle when it comes to ICBC settlement offers(Kobetitch v. Belski,2018 BCSC 2247). This personal injury lawsuit involved two motor vehicle accidents, the jury awarding the claimant $760,000.  ICBC sought costs of the trial based on offers to settle delivered before the trial began. The first ICBC offer…

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Awards for Future Loss of Earnings differ from Awards for Past Wage Loss

The Court of Appeal has upheld a $200,000.00 award to a 25-year old student for loss of future earning capacity despite having no settled pattern of employment, and no causal link between her injuries and her inability to keep positions in her desired field of employment. (Layes v. Stevens,2018 BCCA 415). An ICBC offer to…

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$45,000 Offer of Settlement in the Age of ICBC Injury Caps

When ICBC pays for injuries, the worth or value of the claim is determined by judges following accepted values of justice and fairness. However, After April 1, 2019 there will be a government-imposed injury cap of $5,500 and the auto Insurance monopoly, ICBC, will be handed over the power to deny claims as Minor Injuries. These claimants will be…

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Double Costs Reduced for Late Offer as Jury Dismisses Claim

In this case review the injury claimant was rear-ended in a car accident and claimed a loss of $500,000 due to her injury.  The defendants admitted liability and called for a jury trial. About two months before the jury trial the defendants made an offer to settle the case for $50,000 plus taxable costs and disbursements. Two weeks before…

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ICBC Pays Double for Failing to Accept Settlement Offer

For ICBC, money must really grow on trees. In this car accident injury case the claimant delivered a formal offer to settle for $398,000 less what had already been paid by the Insurance Corporation of British Columbia, ICBC. The defendants countered with a settlement offer of $238,000 less what had already been paid by ICBC. The Court…

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Settling with ICBC and the Cost of Expert Reports

ICBC suffered a knock out blow in this car accident case. ICBC had made formal offers to settle in the amounts of $25,000.00 and $35,000.00 for personal injuries and subsequently settled for $45,000.00 plus costs and disbursements (case expensese) agreed or assessed. The claimants case expenses totalled $32,000 at the time of settlement. Three months after…

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Defining a New Money Offer as ICBC Awarded Legal Costs

This ICBC offer to settle case review focuses on the definition of the term “new money” when contained in a written settlement offer. ICBC offered to settle this personal injury claim for $105,000 new money plus costs but the claimant rejected the offer making a counter-offer of $450,000.00. The judge ultimately awarded $87,250, comprised of $80,000 for…

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