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Difference between revisions of "ICBC and Personal Injury Claims (12:XII)"
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ICBC and Personal Injury Claims (12:XII) (view source)
Revision as of 19:46, 1 August 2023
, 19:46, 1 August 2023no edit summary
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{{REVIEWED LSLAP | date= August | {{REVIEWED LSLAP | date= August 1, 2023}} | ||
{{LSLAP Manual TOC|expanded = ICBC}} | {{LSLAP Manual TOC|expanded = ICBC}} | ||
{{LSLAP 12 Old System Notice}} | {{LSLAP 12 Old System Notice}} | ||
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The Civil Resolution Tribunal is designed to be accessible, economical, and without the need for legal representation. Claimants will still be able to hire a lawyer for most motor vehicle claims made on or after April 1, 2019, should they choose to do so. In some circumstances, the claimant may have to ask the CRT for permission to hire a lawyer. Decisions made by the Civil Resolution Tribunal can be reviewed by the Supreme Court of British Columbia. | The Civil Resolution Tribunal is designed to be accessible, economical, and without the need for legal representation. Claimants will still be able to hire a lawyer for most motor vehicle claims made on or after April 1, 2019, should they choose to do so. In some circumstances, the claimant may have to ask the CRT for permission to hire a lawyer. Decisions made by the Civil Resolution Tribunal can be reviewed by the Supreme Court of British Columbia. | ||
=== 3. Supreme Court of British Columbia === | === 3. Supreme Court of British Columbia === | ||
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If this rule applies to an action, </br> | If this rule applies to an action, </br> | ||
:1. any party may file a notice of fast track action in Form 61; </br> | :1. any party may file a notice of fast-track action in Form 61; </br> | ||
:2. the filing party must serve all other parties on record with a copy; '''and''' </br> | :2. the filing party must serve all other parties on record with a copy; '''and''' </br> | ||
:3. the words “Subject to Rule 15-1” must be added to the style of proceeding, immediately below the listed parties, for all documents filed after the notice of fast track action is filed or if the court so orders. </br> | :3. the words “Subject to Rule 15-1” must be added to the style of proceeding, immediately below the listed parties, for all documents filed after the notice of fast-track action is filed or if the court so orders. </br> | ||
:4. This rule ceases to apply if the court, on its own motion or on application of any party, so orders. </br> | :4. This rule ceases to apply if the court, on its own motion or on application of any party, so orders. </br> | ||
:5. Parties to a fast track action can serve on another party a notice of application or an affidavit in support of an application ONLY after a case planning conference or a trial management conference has been conducted in relation to the action. This rule does not apply if: </br> | :5. Parties to a fast-track action can serve on another party a notice of application or an affidavit in support of an application ONLY after a case planning conference or a trial management conference has been conducted in relation to the action. This rule does not apply if: </br> | ||
::(a) The court orders the fast track action to cease; </br> | ::(a) The court orders the fast-track action to cease; </br> | ||
::(b) If an application is made by a party, judge, or master to relieve a party from this requirement if </br> | ::(b) If an application is made by a party, judge, or master to relieve a party from this requirement if </br> | ||
:::(i) It is impracticable or unfair to require the party to comply; '''or''' </br> | :::(i) It is impracticable or unfair to require the party to comply; '''or''' </br> | ||
:::(ii) The fast track litigation application is urgent; </br> | :::(ii) The fast-track litigation application is urgent; </br> | ||
::(c) If the action is scandalous, frivolous, or vexatious (as per Rule 9-5); </br> | ::(c) If the action is scandalous, frivolous, or vexatious (as per Rule 9-5); </br> | ||
::(d) If the action will proceed by summary judgment or summary trial (Rule 9-6 and 9-7); </br> | ::(d) If the action will proceed by summary judgment or summary trial (Rule 9-6 and 9-7); </br> | ||
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=== 1. Negotiation === | === 1. Negotiation === | ||
Following examination for discovery, defence counsel will write a detailed reporting letter to the adjuster making recommendations about a settlement. The adjuster will present the defence counsel’s recommendations to ICBC, which may or may not accept them. Upon reply, defence counsel will inform the claimant’s counsel of ICBC's position. If the claimant is unwilling to settle, the claimant’s counsel may contact the adjuster and submit a counter-offer | Following examination for discovery, defence counsel will write a detailed reporting letter to the adjuster making recommendations about a settlement. The adjuster will present the defence counsel’s recommendations to ICBC, which may or may not accept them. Upon reply, defence counsel will inform the claimant’s counsel of ICBC's position. If the claimant is unwilling to settle, the claimant’s counsel may contact the adjuster and submit a counter-offer or continue to prepare the claimant’s case for mediation or trial. This process will likely be repeated several times. | ||
=== 2. Mediation === | === 2. Mediation === | ||
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*Where the plaintiff refuses an offer to settle from the defendant, and the eventual judgement is no greater than the offer, the court may award the defendant’s costs in respect of all or some of the steps taken in the proceeding after the date of the offer. | *Where the plaintiff refuses an offer to settle from the defendant, and the eventual judgement is no greater than the offer, the court may award the defendant’s costs in respect of all or some of the steps taken in the proceeding after the date of the offer. | ||
The rules penalizing a plaintiff for overreaching the true value of a claim can be catastrophic, and can visit financial ruin upon a claimant who does not exercise a sober and realistic assessment of their claim as they proceed into Supreme Court. It is entirely within the realm of possibility that a claimant who refuses to accept an offer of $30,000.00, after judgment for $29,000.00 (i.e. lower than the offer to settle) would finish the day, after paying the insurer’s costs and disbursements, and their own disbursements, with '''nothing''' or '''less than nothing''': a debt to the insurer and their own lawyer for disbursements. | The rules penalizing a plaintiff for overreaching the true value of a claim can be catastrophic, and can visit financial ruin upon a claimant who does not exercise a sober and realistic assessment of their claim as they proceed into Supreme Court. It is entirely within the realm of possibility that a claimant who refuses to accept an offer of $30,000.00, after judgment for $29,000.00 (i.e., lower than the offer to settle) would finish the day, after paying the insurer’s costs and disbursements, and their own disbursements, with '''nothing''' or '''less than nothing''': a debt to the insurer and their own lawyer for disbursements. | ||
It should be stressed to clients that the lawyer who is hired to do a personal injury case is supposed to be objective, realistic, and not inclined to simply tell the client what they want to hear. When a lawyer talks about the risks of litigation, this penalty for misjudging the value of a case is one of the most important risks to consider. | It should be stressed to clients that the lawyer who is hired to do a personal injury case is supposed to be objective, realistic, and not inclined to simply tell the client what they want to hear. When a lawyer talks about the risks of litigation, this penalty for misjudging the value of a case is one of the most important risks to consider. | ||
