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Dealing with ICBC
Posted: Feb 17th, 2018, 10:54 am
by M2015
Hoping someone can help me, if anyone has experience dealing with icbc. I was in an accident about 8 months ago. I suffered from whiplash and soft tissue injuries. Not looking for a windfall, but what do you think is a fair settlement? The other driver was admittedly 100% at fault
Re: Dealing with ICBC
Posted: Feb 18th, 2018, 8:10 am
by TylerM4
M2015 wrote:Hoping someone can help me, if anyone has experience dealing with icbc. I was in an accident about 8 months ago. I suffered from whiplash and soft tissue injuries. Not looking for a windfall, but what do you think is a fair settlement? The other driver was admittedly 100% at fault
Depends. Have you missed any work as a result? Will there be long lasting pain/damage?
In general terms - Law here is a little different than in the US. You're going to have a hard time getting paid for "pain and suffering". Courts here are reluctant to award compensation for that unless you can prove that it was intentionally inflicted. You'll need to show actual costs or missed earnings to get compensation. Missed work, cost of therapy, etc.
Get a lawyer and press them hard, you may get a few thousand - most of which goes to the lawyer.
Re: Dealing with ICBC
Posted: Feb 18th, 2018, 8:18 am
by LTD
if you haven't missed any work then suck it up and quit driving our rates up youre entitled to nothing, if you cant work and have long lasting injuries or have to change your occupation then its a different story
Re: Dealing with ICBC
Posted: Feb 18th, 2018, 9:16 am
by JagXKR
The big problem with communist insurance is they are the advocate for you AND the at fault idiot. Another big problem is that they control awards.
Nice for some here to blame the victim for the rates going up. Do you blame a woman for being sexually assaulted? The idiot driver that was 100% at fault should pay through the nose. As you said you aren't looking for a windfall but you need to get a doctor's report. Documents mean everything in court, if you have to go there. Record every day that you hurt and keep a journal.
The Insanely Communist Insurance Collusion does get a lot of scammers so be wary of getting accused of faking. They are the ones raising rates not you.
Re: Dealing with ICBC
Posted: Feb 18th, 2018, 9:19 am
by LTD
whiplash is not an injury its insurance fraud suck it up and don't be a leach on the system, and comparing a sexual assault to whiplash is about as low budget as it gets
Re: Dealing with ICBC
Posted: Feb 18th, 2018, 9:30 am
by Fancy
Whiplash can be an injury but making comparisons serves no purpose. Having suffered from it myself it does create a problem driving.
Re: Dealing with ICBC
Posted: Feb 18th, 2018, 9:36 am
by JagXKR
M2015 there are some that think you are over reacting without any first hand knowledge of the specific situation. I for one am not that obtuse.
Did you have a pre-existing condition? It could change things.
Link
https://islandlaw.ca/icbc-pre-exiting/Two legal principles that come into play when assessing pre-existing conditions, are the “thin skull” and “crumbling skull” rules.
The thin skull rule is based on the proposition that the person responsible for causing the injuries “must take the victim as they find them”, so it is no defence to say a victim would have suffered less injury if he’d been like an average person and did not have an unusually thin skull. The person causing the injury will be liable for all damages to that individual thin skulled victim.
The “crumbling skull” rule is an application of the principle is that the person who has caused the injuries is only liable for the injuries he or she caused. If a victim had a crumbling skull condition that would have caused the effects they have suffered post accident anyway, the person who caused the accident will not be liable for those effects. However, the person liable for causing the accident will be responsible for aggravating pre-existing conditions.
Look through these articles as there may be something relevant to your particular case.
https://islandlaw.ca/articles
Re: Dealing with ICBC
Posted: Feb 18th, 2018, 9:36 am
by Ka-El
TylerM4 wrote:M2015 wrote:Hoping someone can help me, if anyone has experience dealing with icbc. I was in an accident about 8 months ago. I suffered from whiplash and soft tissue injuries. Not looking for a windfall, but what do you think is a fair settlement? The other driver was admittedly 100% at fault
Get a lawyer and press them hard, you may get a few thousand - most of which goes to the lawyer.
Definitely get a lawyer. There are a number of firms that will not charge you anything up front (link to one option below) but will take a percentage of damages awarded - usually around 30%. Do not deal with ICBC yourself. You'll get burned.
https://www.preszlerlawbc.com/?st-t=bing_%2A
Re: Dealing with ICBC
Posted: Feb 18th, 2018, 9:42 am
by Ptolemy Soter
Fancy wrote:Whiplash can be an injury but making comparisons serves no purpose. Having suffered from it myself it does create a problem driving.
I can vouch for that. Saying that it isn’t a real problem is just ignorant.
Re: Dealing with ICBC
Posted: Feb 18th, 2018, 9:44 am
by LTD
icbc should do away with whiplash payouts all together if your injuries make you unable to work or cause you to change your occupation its different to many people feel a minor crash entitles them to an easy ten or twenty k its disgusting and is exactly why rates go up every year
Re: Dealing with ICBC
Posted: Feb 18th, 2018, 9:48 am
by LTD
Ptolemy Soter wrote:Fancy wrote:Whiplash can be an injury but making comparisons serves no purpose. Having suffered from it myself it does create a problem driving.
I can vouch for that. Saying that it isn’t a real problem is just ignorant.
theres nothing ignorant about it i to have had it however it goes away its discomfort but it doesn't entitle you to get a big payout i have also got it learning to snowboard should i have sued the ski hill for it
Re: Dealing with ICBC
Posted: Feb 18th, 2018, 9:49 am
by Jflem1983
LTD wrote:icbc should do away with whiplash payouts all together if your injuries make you unable to work or cause you to change your occupation its different to many people feel a minor crash entitles them to an easy ten or twenty k its disgusting and is exactly why rates go up every year
Stop all payouts for injuries. Go fund me has it covered
Re: Dealing with ICBC
Posted: Feb 18th, 2018, 9:51 am
by marooned
I was in an accident (T-boned, other driver at fault). I assume you were or are actively receiving treatment for the injuries you received.
I didn't go to a lawyer and instead dealt directly with them. I did document stiffness and pain; this was useful when they called with an offer to settle the claim. They started at a number, I weighed in with reasons why it should be higher, and they agreed. The settlement was just into five figures.
If you are wondering what's happening with your claim, call ICBC toll free and ask.
Re: Dealing with ICBC
Posted: Feb 18th, 2018, 9:57 am
by Cactusflower
http://www.cbc.ca/news/canada/british-c ... -1.4539677Instead of quibbling about whiplash, perhaps some of you should read this link. Do you see yourselves in any of it?
Re: Dealing with ICBC
Posted: Feb 18th, 2018, 9:59 am
by Ptolemy Soter
LTD wrote:theres nothing ignorant about it i to have had it however it goes away its discomfort but it doesn't entitle you to get a big payout i have also got it learning to snowboard should i have sued the ski hill for it
It is a problem while it lasts. It can be more or less severe than any other given case.
I am not implying that someone should sue, or get some payout, because of it or otherwise. If someone does make a claim, that doesn’t automatically mean they are attempting to be a fraud. It can be that they simply saw it as more of a problem than it actually was, without trying to be heinous.
Edit: Keep in mind that I’m not saying that the OP
shouldn’t make a claim.