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Personal Injury FAQs

(Frequently Asked Questions)
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  1. The adjuster is saying I'm at fault. What should I do?

  2. ICBC made me an offer which seems reasonable. What should I do?

  3. Doesn't the ICBC adjuster work for me in settling my case?

  4. I don't really want to go to court. If I file a lawsuit, does that mean I have to?

  5. What incentive is there for ICBC to settle before trial?

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1. The adjuster is saying I'm at fault. What should I do?

Adjusters sometimes believe the wrong driver when stories conflict. Your lawyer can help you gather evidence and interview witnesses to prove your case, and then present it to ICBC during the negotiations. If ICBC still disputes the liability and does not offer a satisfactory settlement, you may have to go to trial to prove your case.

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2. ICBC made me an offer which seems reasonable. What should I do?

Always consult with a lawyer before accepting whatever ICBC offers you. Most personal injury lawyers will give an initial consultation without charge, and can help you determine whether the offer is reasonable, debatable, or completely unreasonable. A general rule is that the earlier a case is settled, the smaller the settlement is likely to be.

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3. Doesn't the ICBC adjuster work for me in settling my case?

The ICBC adjuster is an employee of ICBC, and is looking out for its interests, not yours. ICBC wants to pay you only as much as it needs to... not necessarily what your claim is worth.

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4. I don't really want to go to court. If I file a lawsuit, does that mean I have to?

It is estimated that more than 90 per cent of all ICBC cases filed in the B.C. Supreme Court are settled out of court; some lawyers think the figure is much higher than that.

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5. What incentive is there for ICBC to settle before trial?

ICBC knows that if the case goes to court, it needs to pay its lawyers to defend the case. This usually amounts to thousands of dollars per day of trial... whether they win or lose. Also, because ICBC usually offers you less than what they think a court will award you, it is risky for them to actually go to trial. They may have to pay their own lawyers' fees and a portion of your lawyers' fees, as well as pay you out more than they would otherwise pay to settle your case. That is why the closer you get to the actual trial date, the higher the settlement offers are.


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