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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 Beats Settlement Offer but Full Costs Still Awarded to Claimant

What happens if a claimant does not accept an ICBC offer and the court awards less than the amount offered? Are you forced to accept whatever ICBC offers? Is it a factor that ICBC is a big fish in the small pond of personal injury? Today’s ICBC offer to settle case shows that not accepting an offer…

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ICBC Still not Making Reasonable Offers to Settle

ICBC still is unable to make reasonable offers to settle in many personal injury cases despite spending hundreds of millions of dollars updating their computer systems and firing over 250 mostly managers. The promise of “firm but fair” offer seems to have turned to “firmly unfair” thanks to ICBC. In the most recent case of Sebaa…

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Offer to Settle ICBC Injury Case Beat and Double Costs Awarded

ICBC is now forced to pay double costs on behalf of their insured after failing to accept several reasonable offers to settle this personal injury claim. ICBC’s unreasonable conduct forced this claimant to pursue this car accident litigation for over 10 years to obtain an award of over $700,000.00 from the court for soft tissue injuries to her…

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Insurance a Factor in an ICBC Offer to Settle

In this personal injury case ICBC was denied their costs despite the claimant failing to beat a  pre-trial offer to settle. ICBC made an offer of $93,500 to settle the lawsuit on behalf of the defendant 2 weeks before trial. The claimant refused the offer and was awarded $91,700 at trial (Zhao v. Yu,2015 BCSC 2342).…

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ICBC is Debtor to Successful Injury Claimant and Must pay Legal Costs

In this twisted car accident injury case the ICBC claimant asked for $3 million and received only $62,900 for his injury after a Supreme Cour trial.  He was also denied his legal costs. The claimant lost his appeal on the issue of quantum but  the Court of Appeal found that as the successful party he was entitled to…

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Making an Offer to Settle in a Personal Injury Case- The Written Offer to ICBC

  In personal injury cases there are four different types of offers that can be made to ICBC and insurers: pre-litigation oral offers; pre-litigation written offers; post-litigation oral offers; and post-litigation written offers. We can break down written offers into informal and formal offers to settle.  This article will briefly explain how an ICBC claimant can…

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Rejecting $100,000 Offer and Firing Lawyer Leads to $50,000 Award

The personal injury lawyer hired by this claimant was able to negotiate an offer to settle of $100,000 with ICBC in a car accident injury case. However, the claimant was not happy with this amount,  fired the lawyer and went to court himself. The court awarded the claimant $50,000 (2015 BCSC 1504) and ordered the claimant to pay the lawyer his proper fees for…

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Claimant Must Pay ICBC Legal Fees for Failure to Accept Settlement Offer

When this personal injury decision came out awarding $36,042.30  I called it A Case Study into What Not to Do in an ICBC Injury Claim. The ICBC claimant had sought an award of damages exceeding $2 million and after 33 days in trial almost all of the claims of loss were dismissed. In this follow up decision the Judge awarded ICBC…

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