How much is your ICBC claim worth?

I have this conversation with all my clients at some point.  Over the years I have found it useful to step back and look at the big picture.  I now give the big picture perspective to all my clients before I get into the details of their particular case.

Here is the way I see it.

Your injury claim is different from your injuries.  Your injuries are based in reality and are what you are going through.  Your injury claim is an asset; just like it is a liability for the insurance company.

The value of the asset is basically what the insurance company is prepared to give you for your asset or your alternative to a negotiated settlement...in British Columbia that is trial.

Regardless of whether it is the insurance company or a trial judge, the asset is valued is based on the evidence on your file.  If there is no evidence, then neither the insurance company nor the trial judge is going to put money towards that part of your asset (injury claim).

At this stage I usually interject with an anecdote:

I have represented a number of women who were injured in a car accident during their pregnancy.  A number of the women have gone on to have a successful, but a premature birth.  In my mind and in my client's mind the premature birth was caused by the accident.  I have however talked with numerous specialist (even a running partner when I was training for a marathon) who have explained that there are just too many potential causes of a premature birth that they would not be prepared to give an opinion for my client.

Without the proof, how could the insurance company or a judge put any money towards that aspect of the injury claim.

So, your subjective experience of what your claim is worth based on how much you suffered is a very, very poor measure of what your injury claim is worth.

More Big Changes at ICBC

For those of you not following the news, a rather scathing report was published this summer on ICBC.  The CEO has been replaced with an acting CEO and there have been many changes in upper management at ICBC, including a change in the position of Vice President of Claims.

Recently ICBC announced that it was continuing to restructure. They have just finished over 200 terminations.  

Link to latest ICBC announcement

Without doubt many good people who have been working hard are now looking for a new position.  For clients of mine the change, in my view, is a change that will hopefully take ICBC in a better direction.

About 4-5 years ago, ICBC appeared to take a much more aggressive approach to claims.  The change in direction ICBC was humorously labelled"Operation Robe-up!" by lawyers (at trial in British Columbia lawyers wear formal robes).  As part of this change of direction, ICBC seemed to take authority for settling files out of the hands of file adjusters.  Often decisions were made several managers up from the ground.  More cases went to trial.  Sometimes individuals won big awards; sometimes ICBC won big and individuals lost big.

ICBC's approach has had a big impact on our profession.  In the past newly called lawyers lamented that they never get into trial.  Now there is a whole new generation of litigators that are getting better at their craft.

In October 2012, our firm had 5 trials scheduled in one week...when push came to shove 4 of them went ahead (but 2 had to be moved back to accommodate the judges).  

If you have found this blog because you have had a ICBC claim and are looking for a lawyer, then make sure to ask your perspective lawyer if they go to trial...even if you do not want to go to trial.  Having a lawyer adept at navigating a file through a trial and doing it regularly is both a sword and a shield for clients.