ICBC Discovery

[lesliepaul]

Would appreciate any information from people that have dealt with the ICBC Discovery process. A family member has to go through the process in the near future pertaining to 2 accidents they were involved in and that were BOTH found by ICBC to be 100% the OTHER parties fault. Injuries were sustained by the family member and the process is in the hands of legal representation.

Was hoping some people would have some stories to explain what they were subjected to by the ICBC legal people. I do know that something that is "cut and dry" may be twisted by them in a manner to get the answers THEY want to of course limit settlements. Both accidents were 4 years ago and the person was 18 at the time.

[Bsuds]

I have not dealt with this situation but my first thought was to consult a Lawyer.

[Donald G]

Some time back there was an article on a Castanet thread that said that if both vehicles involved in an accident were covered by ICBC that ICBC would be looking after their own interests and not that of the two parties involved. I would definitely consult a lawyer experienced in ICBC insurance matters.

[Grandan]

Be prepared for ICBC to be not so nice and make accusations in order to elicit a different response that contradicts what you have said in the past statement. In that way they can spread the liability around to as many participants as possible.
It is quite possible the other party is attempting to get that 100% reduced to 50%.
Young drivers are bullied by ICBC, I have daughters who can attest to that.
Having a lawyer is not the be all and end all. You have to look after your own interests and I have seen enough incompetence to make me think twice about hiring a lawyer without some due diligence.
As an example, a lawyer used the year in which the injured was off work for 5 months to average the income.
So a year that injured worked 7 months was averaged with a 12 months worked for a greatly reduced income instead of averaging the 2 full years salary prior to the accident or using an average monthly income prorated, just dumb, so watch it.
The other side wants to know everything before you go to trial so they can pick at minor details and make their client look better.

[django]

Keep your responses to yes or no answers, and don't volunteer any information beyond that answer.

[dirtybiker]

An " Examination Of Discovery" is to be a witness to your own collision.
This is usually done just before statute(?) of limitations runs out.
It is easier for them to twist the he said/she said, of the original statements.

The person with the most paperwork wins
Go in with a suitcase full of files, documents, drawings, affidavits, bills, receipts,
pictures,comic books , whatever.......

Good luck, and remember....

If you can't dazzle them with brilliance, baffle them with bullshyte!

[Bpeep]

Icbc covers both insured parties.
It's their interests they're protecting, not yours. Their objective is to minimize any claims payouts.
Unless youre well versed in insurance law, they are the LAST people I'd talk to without proper legal representation.

[just popping in]

The person with the most paperwork winsGo in with a suitcase full of files, documents, drawings, affidavits, bills, receipts,pictures,comic books , whatever.......

Good advice.

Keep your responses to yes or no answers, and don't volunteer any information beyond that answer.

Good advice.

Perhaps a read through Achieving Justice by Paul Hergott, Castanet columnist, might give you some insight. At the end of one article he states:

"If negotiating for a house, consult an appraiser or real estate agent. If negotiating for a vehicle, consult a vehicle appraiser. If involved in a personal injury claim negotiation, ask a personal injury lawyer for a free claim evaluation."

[lesliepaul]

The person HAS legal representation........I just wanted to know if others here have had their own experience in the "discovery" part of an ICBC claim. Was it a process that was harrowing or did it go better than you thought........stuff like that. If an accident was "cut and dry" such as the case was with this individual you would think there would be no issue. Twisting questions around to catch you off guard and my understanding your legal representation will be there but they cannot "coach" the clients answer. I told the individual to be prepared and not surprised by the questions......YES, NO......keep answers short and do not give more than required, if you cannot remember, say that.

The phrase "the truth will set you free" applies with the a lot of things in life and it applies here........its just how an ICBC paid scumbag with no conscience can take the truth and spin it.

[just popping in]

ICBC use 'social media' to gather evidence. Hopefully, there is nothing on Facebook to show anything that will make them think the injuries weren't as serious as claimed, e.g. picture of bungee jumping, when you claim back, neck, shoulder problems. They also ask for names and contact information of friends, work supervisors, etc. before and after accidents, as they may contact them for verification of injuries.

[lesliepaul]

NO issues with this person out doing ANY sporting activities. They can watch this person until they are blue in the face. Unlike the three women going after Ghomeshi........there is no internet, Facebook, or Twitter chatter to come back with.......all is good.

[GordonH]

Like every insurance company out there they want to payout as little as possible.

[just popping in]

Some things asked:

-Accident details.
-All treatment, medications, who recommended what for what reason, was it helpful.
-Recreational activities, hobbies that were pursued before and can or cannot be done after accident.
-Work history, wage, supervisors' names, etc.
-Education, what they have achieved and what they wanted to achieve or their goal in life.

Be honest, take your time in responding and Good Luck.

[Partmanpartfish]

The person HAS legal representation........I just wanted to know if others here have had their own experience in the "discovery" part of an ICBC claim. Was it a process that was harrowing or did it go better than you thought........stuff like that. If an accident was "cut and dry" such as the case was with this individual you would think there would be no issue. Twisting questions around to catch you off guard and my understanding your legal representation will be there but they cannot "coach" the clients answer. I told the individual to be prepared and not surprised by the questions......YES, NO......keep answers short and do not give more than required, if you cannot remember, say that.

The phrase "the truth will set you free" applies with the a lot of things in life and it applies here........its just how an ICBC paid scumbag with no conscience can take the truth and spin it.

Lots of terrible advice is being given to you in this thread.

Discovery is not an adversarial process. It is cordial and from my three experiences with it, painless. Your relatives should not be scared.

The person being examined is seated in a room with the two lawyers and a stenographer. The other party will not be there. The purpose is to discover what the case is about and for the opposing lawyer get an idea of how believable the person being examined is.

The advice my lawyers gave me was to simply read over the statements I gave ICBC and doctors before discovery to refresh my mind. If the lawyer asks a question you don’t know the answer to or don’t remember, just say so. Your lawyer will be sitting there to protect you.

Don’t take any papers to discovery unless your lawyer asks you to. Both lawyers will have copies of your file with them.

If they just relax and answer honestly, they won’t have any problems. Settlement usually results after discovery.

[lesliepaul]

Lots of terrible advice is being given to you in this thread.

Discovery is not an adversarial process. It is cordial and from my three experiences with it, painless. Your relatives should not be scared.

The person being examined is seated in a room with the two lawyers and a stenographer. The other party will not be there. The purpose is to discover what the case is about and for the opposing lawyer get an idea of how believable the person being examined is.

The advice my lawyers gave me was to simply read over the statements I gave ICBC and doctors before discovery to refresh my mind. If the lawyer asks a question you don’t know the answer to or don’t remember, just say so. Your lawyer will be sitting there to protect you.

Don’t take any papers to discovery unless your lawyer asks you to. Both lawyers will have copies of your file with them.

If they just relax and answer honestly, they won’t have any problems. Settlement usually results after discovery.[/quote]


Thank you PMPF...........Discovery went well.......exactly as you have just stated. The individual handled it very well. One step down..........