ICBC Injury Settlements-Post Your Experience Here

[mott.hoople]

So many of us that have been involved in an accident have had to deal with ICBC on the Personal Injury part of a claim.

Lets use this thread for an opportunity to help others with obtaining a fair settlement with ICBC.

Got a true story, or are currently recovering from an injury that was not your fault?

Lets chat this up and maybe pass on some life experiences to others in dealing with ICBC on Injury claims.

[JayByrd]

My wife was rear-ended in the summer of 2006. Despite it not being an especially hard hit, her car was a write-off, and she suffered soft tissue injuries to her back and neck. It took nearly a year for her to fully recover physically; to get to the point where daily activities were not causing her pain. We hired a lawyer to deal with ICBC on our behalf, and it's the best advice I can give anyone.

We wouldn't have known what to ask for (or what to realistically expect to receive) in a settlement. If one is hiring a lawyer, the first thing that will happen is you will meet with him/her, and discuss the particulars of the case. In our instance, the lawyer felt my wife was entitled to significantly more than ICBC was offering at the time. At this point, my wife still had not recovered from her injuries, but ICBC had made a settlement offer. It was approximately 1/8 of the amount we eventually received. Over time, an additional offer was made (again, this was before my wife had fully recovered) which was twice as much as the first...still only 1/4 of what our eventual settlement would be. Another advantage of using a lawyer, is ICBC will only be able to communicate with you through him/her.

The key in any personal injury case is medical evidence. It's important to see your doctor often, even if it's just to keep him/her posted on how you're doing. Follow what your doctor recommends; if you don't, ICBC will use that against you when it comes time to settle. Don't be afraid to ask for referrals for things like massage therapy or chiropractic. Doctors will rarely recommend these on their own, but are usually co-operative if the patient asks. Medical treatments related to your injury are covered by ICBC, although you may have to wait until you settle to get that money back. This is where the financial strain comes in...between medical expenses and lost work, many people simply can't bear the expenses that stem from an injury, and end up settling early. ICBC knows this, and will tempt you with what seem like significant offers. We were glad to have a lawyer to advise us when these offers were made.

I'm sorry if this post is a little jumbled...if I can clarify anything about this process for anyone, please ask!

[JLives]

I was rear ended by a guy driving a stolen truck when I was 13. I was evaluated shortly after by my doctor who found back injuries. Many years of massage therapy, physiotherapy and chiropractor visits followed. It wasn't until I was 19 that I was able to sue as my mom didn't want to be bothered with it. My lawyer told me ICBC has set limits on personal injuries based on the injury level and if you want anything outsdie of that you will need to go to court. I had a one year gap in treatment which we knew they focus on so we decided to settle out of court. It took awhile to go through as they could not locate the driver of the truck although they found his father who refused to give his son's whereabouts. I ended up receiving a modest settlement and money for treament so all in all it was a good experience dealing with them. I never would have attempted it without a lawyer though.

[mott.hoople]

Does anyone feel that ICBC likes to litigate claims rather than accept responsibility and deal fair compensation? Seems to me when the lawyers take (or add 30% ) or so to the cost of a claim when often there is no reason for it.

[JayByrd]

I can't say ICBC is above such a thing, but I'm not sure how letting a claim go to the courts would benefit ICBC. Presumably, ICBC will try to lowball everyone (and as one of the people who is funding them, I guess I agree that they should), and unless the court rules 100% in ICBC's favour, going to court would only cost them money. I'm not sure why'd they'd want to.

[anniecat]

My parents were in a small accident a couple of months ago where the other driver was found to be 100% at fault. My Mom suffered minor whiplash and soft tissue damage....she is still receiving some physio. ICBC has been regularly calling to check up on her and said they would be calling her at the 3 month mark to "make them an offer" if there was no resolve. My mom said she doesn't want to pursue any money from ICBC because she wasn't really hurt bad and feels fradulent. But I told her that she could have some problems down the road that creep up, even if it's minor. She still has some pain and stiffness across her shoulders and down into her right arm, although it is going slowly.

If ICBC is going to make an offer, even if it's small, don't you think she should take it??

[mott.hoople]

My parents were in a small accident a couple of months ago where the other driver was found to be 100% at fault. My Mom suffered minor whiplash and soft tissue damage....she is still receiving some physio. ICBC has been regularly calling to check up on her and said they would be calling her at the 3 month mark to "make them an offer" if there was no resolve. My mom said she doesn't want to pursue any money from ICBC because she wasn't really hurt bad and feels fradulent. But I told her that she could have some problems down the road that creep up, even if it's minor. She still has some pain and stiffness across her shoulders and down into her right arm, although it is going slowly.

If ICBC is going to make an offer, even if it's small, don't you think she should take it??

Yes she should, but she also should wait until any long term effects are resolved. One would think that at the 6 month mark - the chance of any further recovery is doubtful. But this requires the doctors involved to determine this - NOT ICBC.

A worst case scenario - what if your dad becomes ill (or worse) and your mom has to go to work? Will she be able to function and hold a fulltime position with the injury she received? Makes for an interesting (and possibly sad) ending.

It would be of great interest for others reading this discussion to put out some $$ values on what they received for pain and suffering etc for whiplash and other injuries. I will be posting my experience in due course.

[zzontar]

Here's an article about someone from the news today who isn't too happy with his ICBC claim:

http://www.cbc.ca/canada/british-columb ... rance.html

[Triple 6]

Here's an article about someone from the news today who isn't too happy with his ICBC claim:

http://www.cbc.ca/canada/british-columb ... rance.html

I read that yesterday. The guy (I think) is playing stupid.... He's lived here for 5 years and no BC license? He even admits that he applied a few years back and failed. He's just passing the buck. His claim should be denied. He was driving without a valid license.

[zzontar]

Ya, you're probably right, but ICBC still shouldn't have insured him to begin with... they seem to look into things more when they have to pay out than when taking in $$.

[Triple 6]

Ya, you're probably right, but ICBC still shouldn't have insured him to begin with... they seem to look into things more when they have to pay out than when taking in $$.

True, True!

[Geode]

There are some pretty horrible stories about experiences with ICBC. A young woman I know was cycling, and was struck by a drunk driver at 7:30 am, and her injuries did not seem too bad at first. She was young, and naive, and played into ICBC's game, hereby referred to as the other Mafia. She had lingering neurological problems in her right arm, but ICBC's doctor downplayed her symptoms. Six months later, she began to have partial paralysis in her legs, and an MRI revealed she had a disc herniation at T5-T6, and the operation the local neurosurgeon proposed involved accessing her spine through a postolateral thoracotomy (making an incision from front to back, pulling back the shoulder blade, cutting between the ribs and spreading them) of which is termed by doctors as the most painful of all surgical incisions. She did her research, and found that she could have it done in a few hospitals in the United States through a 1 cm incision, and resume full activities within 10 days, versus six to twelve months recovery, plus the risk of permanent neurological pain. $16,000 later, after the operation in the US and making a near complete recovery, she submitted the billing through her lawyer to ICBC, and it was like someone had broken a hornet's nest inside ICBC's legal department - now they totally wanted to disallow her claim. Four years later, ICBC is no more willing to settle - they only offered her $15,000 to begin with, ICBC legal stalling at every court appearance does not help either. Sadly, the drunk driver was driving while disqualified from a previous DUI the year before. It leads me to the fact that ICBC defends drunk drivers - look no further than Gordon Campbell's DUI in Hawaii.

[Highway]

I cashed an ICBC check out of desperation, (there final offer apparently), as it was nearly two years since the accident. I never signed a release and still suffer pain. Just because I cashed the check does that mean I release other parties legally? Or can I still obtain a lawyer?
I really regret not going the lawyer route, as ICBC is not looking out for you or care about your injuries.

[lentina]

I was in a car accident 12 months ago. about $2500 damage to my vehicle. other driver claimed 100% fault. doctor told me I have wad3 whiplash to my neck and wad1 to lower back. got hit again 8 months after the first accident only $600. damage this time. other driver claimed 100% fault. still in constant pain. going to pysiatrist in 2 weeks. icbc offered me $9000. to settle. ( thier first offer.) any advice or tips on what type of settlement I should go for? how low usally is icbc's first offer comparied what they believe you're intitled to?

[LANDM]

I was in a car accident 12 months ago. about $2500 damage to my vehicle. other driver claimed 100% fault. doctor told me I have wad3 whiplash to my neck and wad1 to lower back. got hit again 8 months after the first accident only $600. damage this time. other driver claimed 100% fault. still in constant pain. going to pysiatrist in 2 weeks. icbc offered me $9000. to settle. ( thier first offer.) any advice or tips on what type of settlement I should go for? how low usally is icbc's first offer comparied what they believe you're intitled to?

Speak to a plaintiff lawyer that specializes in dealing with Icbc. There are certain names which, when invoked with Icbc, will increase your settlement substantially.