Im trying to gather info for my icbc settlement. I was wondering if anyone has any info theyd like to share about their settlement. iwas in a head on and wrote off my bike. I had a shoulder injury and have been in phsyio and massage therapy. Im just looking for injury details not the amount you got for your bike. Any info will be greatly since ive found out icbc is there for just profit. C
ICBC Settlement...
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If you've been injured, I'd highly recommend that you consult with a lawyer. ICBC uses a lawyer so don't settle for anyone less to defend your rights. I've had my adjuster lie to me and he told me to sue ICBC if I wanted anything. I did. ICBC's lawyer got reamed out by the trial judge for wasting the courts time.
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This is the last place you should be looking for advice on an ICBC settlement, unless everyone whose had injuries similar to yours endured the same treatment, has the identical diagnosis, missed the same amount of work, have the same occupation, and make the same amount of money, and the medical community agrees on the same prognosis.
Oh, and the person you compare with should also forward a large portion of their medical records....
All that is taken into consideration when a negotiated, or court based, settlement amount is reached.
Do some research by searching the court based websites,
http://www.courts.gov.bc.ca/
http://www.canlii.org/bc/index_en.html
comparing your injuries with what has been awarded in the recent past to other litigants.
Oh, and when you add up all the money, take off 33%, as that's the commission, er, contingency fee of your lawyer. So an injured party may be "awarded," $50,000, the injured party will see "in his pocket," 66% of that.
ICBC claims are a business, the law firm is a business, you are an asset to a law firm because you bring to them your 33%.
(I believe the rates are a sliding scale, less if they negotiate a settlement, up to and including 33% if the claim is resolved in a courtroom)
Want a fun fact?
1.3% of all injury claims in BC end up in front of a judge. 98.7% that result in a negotiated settlement, either with a lawyer, or without it.
Knowledge is your best friend. If you know exactly what has been paid in the past to other claimants like you, you know what your claim is worth.
Do the research.
Do the math.
But don't look here.
Oh, and the person you compare with should also forward a large portion of their medical records....
All that is taken into consideration when a negotiated, or court based, settlement amount is reached.
Do some research by searching the court based websites,
http://www.courts.gov.bc.ca/
http://www.canlii.org/bc/index_en.html
comparing your injuries with what has been awarded in the recent past to other litigants.
Oh, and when you add up all the money, take off 33%, as that's the commission, er, contingency fee of your lawyer. So an injured party may be "awarded," $50,000, the injured party will see "in his pocket," 66% of that.
ICBC claims are a business, the law firm is a business, you are an asset to a law firm because you bring to them your 33%.
(I believe the rates are a sliding scale, less if they negotiate a settlement, up to and including 33% if the claim is resolved in a courtroom)
Want a fun fact?
1.3% of all injury claims in BC end up in front of a judge. 98.7% that result in a negotiated settlement, either with a lawyer, or without it.
Knowledge is your best friend. If you know exactly what has been paid in the past to other claimants like you, you know what your claim is worth.
Do the research.
Do the math.
But don't look here.
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Get a lawyer. Yesterday.
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Wow a head on and you escaped with a bad shoulder? Lucky !
Does ICBC pay for massage now? They didnt want to pay when I asked.
Its not ALWAYS necessary to get a lawyer, it depends on your adjustor and your case. Mine was very pleasant to deal with and I got a good settlement without the need to hire a lawyer, althought I did talk to one just to get an idea.
Does ICBC pay for massage now? They didnt want to pay when I asked.
Its not ALWAYS necessary to get a lawyer, it depends on your adjustor and your case. Mine was very pleasant to deal with and I got a good settlement without the need to hire a lawyer, althought I did talk to one just to get an idea.
...
im just trying to get a general idea. i went to the courts data base of old settlements and there wasnt that many on file. Im just asking the riders out there to give some input. Like the guy before said the lawyers take fees and this is resource for info. My claims adjusters is being ok but when i dealt with another 1 for my bike they totally tried to short change me on the value of the bike saying there were scratches and the tires were crap blah blah blah. I ended up getting more.
im just trying to get a general idea. i went to the courts data base of old settlements and there wasnt that many on file. Im just asking the riders out there to give some input. Like the guy before said the lawyers take fees and this is resource for info. My claims adjusters is being ok but when i dealt with another 1 for my bike they totally tried to short change me on the value of the bike saying there were scratches and the tires were crap blah blah blah. I ended up getting more.
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4,414 Posts
I was paid for massage therapy and physio when I was rear-ended (in my car). 6 months of it. Then I got a good dollar for my car, and a nice sizeable cheque from ICBC for the inconvenience of having a back injury for 6 months. All negotiated without the help of a lawyer, but after showing to lawyers later they agreed that I wouldn't have done any better if i'd had a lawyer.
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Bob Carfra in Victoria- he works bc wide. He is the the man! 40,000 he got me!
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Phone my buddy Ian at Campbell Renauld in Bby at metrotown, he has been doing a few of these law suits recently and actually used to work on ICBC's behalf until he got pissed of at the system. He works on contingency and is a really good barrister. 604-435-6948
Good luck I hope it all works out for you.
Good luck I hope it all works out for you.
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6,675 Posts
call Pat Riley.....the motorcycle attorney!!
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ICBC is a business and they try to run it the best they can. If people keep trying to screw them over with false claims, etc, then they're going to have to be harder on people to make claims. One bad apple ruins it for everyone. It's sad really....
;D
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I'd say look at your situation as objectively as possible. I think too many people in general get caught up with being injured (in many cases non-permanently) and want to get as much money as they can. If you have a non-permanent injury and your expenses are all paid, everything else is gravy.
A few years ago I was in an accident, not my fault, and suffered some temporary muscle strain. My truck was written off. I dealt with ICBC in an open and fair manner and they did so with me as well. I was surprised I got a very fair price for my truck, my expenses were paid, and I got a little bit for "pain and suffering". Sure I probably could have pushed for more but why should I? I was happy.
A few years ago I was in an accident, not my fault, and suffered some temporary muscle strain. My truck was written off. I dealt with ICBC in an open and fair manner and they did so with me as well. I was surprised I got a very fair price for my truck, my expenses were paid, and I got a little bit for "pain and suffering". Sure I probably could have pushed for more but why should I? I was happy.
i couldn't agree more. you are not going to make a fortune by pissing around with a lawyer if you have no substantial injuries. it will take 3 years to settle you case and your lawyer will be hinting to you to go to the doctor and complain about how miserable you are.
if you weren't in the doctors office with another agenda you'd get on with your life and the pain would go away.
i had an icbc case and made more money with a lawyer than without one probably. the thing is it was settled 3 years after the fact and i could have used that money 3 years earlier. as soon as the case was over all my pains went away. the reason is that i didn't have someone reminding me that i should be hurt. having someone remind you of potential pain, having secondary gain (a lawsuit) hanging over your head, these things drag you down.
it also affects all our premiums if there are frivolous lawsuits left and right.
My initial claims adjuster has been ok, seemed fair. Then i had to deal with another adjuster for my bike and that person tried to totally rip me off, low balled me for my bike. I got super pissed bc they werent gonna even give me the amount the bike was insured for(the amount still owing on the bike. i hadnt even had it 6 months). I was totaly honest and up front .... what would you do if u wrote off your bike and now you owe money cause of the need for profit in icbc. I just wanted a little integrity. I called 4 different lawyers and truth be told im not impresssed dealing with icbc or the lawyers.
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So what you're saying is your experience is tainted because you're not getting what you feel is fair value for your motorcycle?
Okay then, let's break this down.
Your initial adjuster seemed okay.....
Then, you dealt with another adjuster for your bike.
That wasn't an adjuster, that was an estimator.
ICBC does one thing, and one thing only.
Automotive claims.
So they specialize.
An "adjuster," to adjust the claim, an "estimator," to deal with vehicle damage, and sometimes, a specialist who deals with total losses only.
Is the first adjuster you dealt with, also handling your injury claim?
If so, he/she's a bodily injury adjuster.
If you want to deal with icbc, bring your concerns to that adjuster.
Disagreements about vehicle value do not equate to a lack of integrity, merely a difference of opinion. If you have receipts, and your opinion of vehicle value is fair, backed up with what the market feels yoru bike is worth, there shouldn't be a problem.
If there's still an agreement, ask you *adjuster* how you undertake the arbitration process to deal with the vehicle value.
Separate the vehicle value issue with the injury issue, if that makes things more palatable for you.
This argument is an emotional response to finding yourself "in the ditch," financially, and regretfully, you'll have to separate emotion from this business. I'm quite sure icbc's profit or loss does not hang on the value of your motorcycle, or mine, or the members of this forum.
Did you buy new? Then a new motorcycle depreciates more quickly than one you've purchased used.
Did you buy used, and now it's been dropped a few times, not repaired, and the tires are bald?
These are issues the *estimator* or *total loss* person is going to examine. You may actually be in a situation where your bike is worth less than when you bought it. icbc is in the unenviable position of having to buy a motorcycle from someone who preferred not to sell it. If it's a matter of not enough information on your motorcycle to close in on the real value, then communication and facts are in your favour.
Don't dismay.
Patiently work your way through your concerns by going back to icbc and telling them about it. Trouble with value? Tell them why, use facts.
"Buying 6 months ago and now I'm being offered less," is a fact, but revise that to "you're offering me $1,000 less than the median asking price of motorcycles of the same vintage," and backing that up with ad's from the buy and sell are facts that can get you what you want. See the difference?
It's a business, and in business, there's a lot of back and forth. Respectful communication is your friend.
Yeah, right now they're trying to screw me over for my bike. Calling it used because it had 2400km on it... at 3 weeks old. Bastards.
I'm not even going to try to claim the physio, I'm just claiming it through work because I know I won't have to deal with the stress of having ICBC 'process my claim'.
I'm not even going to try to claim the physio, I'm just claiming it through work because I know I won't have to deal with the stress of having ICBC 'process my claim'.
G
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·Sorry Girl, but any vehical becomes "used" as soon as it is registered and driven off the lot. Your best way to deal with this is to have "them" go and find a repalcement with identical milage and condition. Once they find it can't be done then usually you get a reasonable amount of money to replace your baby...
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I just got through a similar claim(s).
Back in April of '03, I was involved in an MVA. A minivan made a u-turn in front of me and I ended up going down. A cop attended the scene and review tire marks I pointed out and issued a ticket. I suffered from a separated left shoulder. I attended a walk-in clinic after the accident and then started physio. I attended physio for approx 10 weeks doin the normal tenz and exercises.
On June of '03 I was involved in a second accident where a car made a left turn in front of me. Again I slide across the pavement. During this tumble I separated my right shoulder.
So off to physio I go again. Funny thing is the first physio appointment for my right shoulder was the last for my left.
I now suffer from bursitis and receive cortisone shots in my shoulders.
Both accidents we found to be no fault. Both the minivan and car were nailed full for liability.
A few things to keep in mind. ICBC is a business so treat them as such. They are here to not only "protect" you, but to make a profit. You will never get what you want on your own as far as an injury claim goes.
I'd suggest a consultation with a lawyer. Having one with me helped the process greatly. If its quick cash you’re looking for be warned that anything with ICBC isn't fast unless it’s in their best interest. There is a 2 year timeframe in which to settle unless you elect to go to court.
With the help from my lawyer I was able to go to mediation. Basically it’s a ranking adjustor and a lawyer locked in a room with your lawyer, yourself and a mediator that both parties agree too. You go back and forth discussing what happened and they basically try to punch holes in your claim. ICBC wants to see how you react and they try to figure out how you would do in a court setting. During this process they ask what you want and from there its banter back and forth and negotiating. You pretty much saw back and forth until you get to the bottom line. There is no requirement to settle at this time.
This being said, if your lawyer thinks you come off sounding like a chump he may suggest you settle out of court and without goin to mediation.
It took me 3 years to settle mine but I was happy with the outcome.
My suggestion, contact Steve Anderson @ 604-922-8881 and at least have a chat with him. He'll spell out all your options.
Back in April of '03, I was involved in an MVA. A minivan made a u-turn in front of me and I ended up going down. A cop attended the scene and review tire marks I pointed out and issued a ticket. I suffered from a separated left shoulder. I attended a walk-in clinic after the accident and then started physio. I attended physio for approx 10 weeks doin the normal tenz and exercises.
On June of '03 I was involved in a second accident where a car made a left turn in front of me. Again I slide across the pavement. During this tumble I separated my right shoulder.
So off to physio I go again. Funny thing is the first physio appointment for my right shoulder was the last for my left.
I now suffer from bursitis and receive cortisone shots in my shoulders.
Both accidents we found to be no fault. Both the minivan and car were nailed full for liability.
A few things to keep in mind. ICBC is a business so treat them as such. They are here to not only "protect" you, but to make a profit. You will never get what you want on your own as far as an injury claim goes.
I'd suggest a consultation with a lawyer. Having one with me helped the process greatly. If its quick cash you’re looking for be warned that anything with ICBC isn't fast unless it’s in their best interest. There is a 2 year timeframe in which to settle unless you elect to go to court.
With the help from my lawyer I was able to go to mediation. Basically it’s a ranking adjustor and a lawyer locked in a room with your lawyer, yourself and a mediator that both parties agree too. You go back and forth discussing what happened and they basically try to punch holes in your claim. ICBC wants to see how you react and they try to figure out how you would do in a court setting. During this process they ask what you want and from there its banter back and forth and negotiating. You pretty much saw back and forth until you get to the bottom line. There is no requirement to settle at this time.
This being said, if your lawyer thinks you come off sounding like a chump he may suggest you settle out of court and without goin to mediation.
It took me 3 years to settle mine but I was happy with the outcome.
My suggestion, contact Steve Anderson @ 604-922-8881 and at least have a chat with him. He'll spell out all your options.
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1,858 Posts
so you did use my guy you BASTID....i ll have to ask him how much of a pain you were!!
im still dealing with mine... not holding my breath... and i have been out from work for a total of almost 2 years!!
sucks balls!!
i second for the firm of Sager Anderson...
Mark S. and Steve A. are kick ass straight forward no BS guys....
and start at only 20%....thats as low as you will find... and both of these guys are well known and respected in the law community
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