Blog
Menu
Blog

Personal Injury News

ICBC settlement offers

ICBC Loses at Trial and Pays Double Costs for Failing to Accept Reasonable Offer

David Eby and his NDP government have been very vocal about ICBC’s financial problems. Instead of making changes to ICBC’s management who are responsible for its policies and procedures that are clearly not working, the changes made are directed at injured claimants by eroding their rights. Shouldn’t the ICBC executive who are responsible for how…

Read More

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…

Read More

ICBC Withdraws Settlement Offers for 2019 Creating Another Financial Disaster

As an advocate for the injured for over 23 years I have never experienced the level of discrimination now faced by auto injury victims in British Columbia. The Attorney General, our chief advisor of law to the government,  distains injury victims access to legal advice and the court system, recently blaming lawyers for pushing back against the monopoly…

Read More

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…

Read More

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…

Read More

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…

Read More

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…

Read More

$200,000 ICBC Offer to Settle Rejected and $199,471 Awarded

This ICBC offer to settle case raises two important issues: (1) What ICBC accident benefits should be deducted from the award against the driver; and (2) Should a claimant be denied costs for not accepting an ICBC offer which is the same as the court award. This ICBC personal injury case involved two car accidents.  First…

Read More

Injury Claimant Without Lawyer Slaughtered at Trial- Costs Awarded

This married couple went to court with no lawyer for personal injuries arising from three car accidents. Liability for the car accidents were admitted and both claimants contended they were incapacitated and permanently affected by their injuries. Following a 13 day trial  the claimants were awarded very little, under $30,000 each after deductions ( Ma. v. Haniak, 2017 BCSC 549 ). ICBC…

Read More

$175,000 ICBC Offer Rejected and Court Awards $174,360 plus Costs

An offer to settle in any personal injury case should be clear and unambiguous. The claimant and ICBC should use plain language when settling car accident cases. The offer  of settlement should avoid colloquialisms or idioms that are understood by a limited audience. In today’s case review an ICBC insured sought to deny an injury…

Read More

Contact Us





*lawyer confidentiality assured