ICBC wears two hats – one for the plaintiff and one for the defendant. Your ICBC insurance adjuster’s job is to minimize ICBC’s payouts, not maximize your settlement. This means that if you have been in a car accident in BC it is in your best interest to hire a car accident lawyer to review and represent your claim.
How does ICBC determine the settlement amount for my car accident injuries?
An ICBC adjustor evaluates each car accident claim individually. Many factors determine the outcome of the settlement:
Liability – This is assigned to the person at fault for the accident. Liability plays a key role in the case, and ICBC will often try to allocate a portion of the liability to the plaintiff to minimize the claim settlement.
Injuries – The extent of your injury and the duration of the symptoms will help decide the value of your settlement. Chronic, ongoing, or permanent injuries are assessed.
ICBC may offer you a settlement, but it may not be the best settlement possible. Hire Warnett Hallen LLP and get the advice you need.
Wage Loss – Did the accident prevent you from working? Will your injuries prevent you from working in the same capacity as before the accident? These factors may be reflected in your settlement.
Assessment Guidelines – ICBC evaluates case files based on ICBC Injury Assessment Guidelines, but the BC courts are not required to enforce the guidelines when it comes to settlement offers. A good car accident lawyer will be able to negotiate the best financial settlement based on your accident and injuries, not the guidelines.
Precedents – If your case goes to the Supreme Court of BC, the judge will review previous rulings in similar cases (precedents) along with the details of your car accident to decide on a fair settlement.
There are various compensation categories that may contribute to your final settlement amount:
- Pain and suffering – This includes loss of lifestyle and is specific to the individual.
- Future care – The cost of future medications, care, etc.
- Wage Loss – Wages lost up until the date of your settlement.
- Future Wage Loss – Potential wage loss, post-settlement.
- Out of Pocket Expenses (Special Damages) – The cost of getting assistance such as housekeeping, travel to medical appointments, etc. while you recovered from your injuries.
ICBC has offered a settlement – should I take it?
ICBC may offer you a settlement, but it may not be the best settlement possible. If you have been offered an ICBC settlement and are not sure if the compensation is fair, and it is within the 2 year limitation, it is not too late to get the advice of a car accident lawyer. Bring your ICBC offer to Warnett Hallen LLP, let us review your case for free and help you obtain the maximum compensation for your ICBC claim.
Warnett Hallen advocates for your legal rights
Voted in the Georgia Straight 2016 Best of Vancouver as the “Best Lawyer When and Accident Strikes”; the personal injury lawyers at Warnett Hallen LLP have the experience to negotiate with ICBC on your behalf to maximize your ICBC claim. Visit our car accident settlement success to hear more about our clients’ experiences.
Warnett Hallen LLP. Settle for more. Call today 604-737-3300.