ICBC Injury Claims, Lawyers and Settlement

Written by admin on . Posted in Civil Procedure, Uncategorized.

(Please Note:  The Case discussed in this article was overturned by the BC Court of Appeal on May 7, 2010.  You can click here to read the BCCA’s reasons for judgement)
As an ICBC Injury Claims Lawyer I have developed a particular habit when it comes to settlement of my clients claims.  I typically never bind my clients to a settlement until they sign a full and final release (the settlement contract ICBC uses in concluding injury claims).  This is my usual practice even if I receive firm instructions to settle an ICBC Injury Claim for a certain amount and I get a better settlement offer on the table.
Lawyers act as agents for their clients.  Lawyers can, therefore, bind their clients to a settlement.   Typically a client will give a lawyer authority to settle their claim for X dollars and the lawyer will attempt to get that amount or more.  If a lawyer accepts an ICBC settlement offer on behalf of their client the client is typically bound to the settlement, even if the client later wishes to get out of the settlement by not signing ICBC’s full and final release.
When deciding whether or not to accept an ICBC settlement offer, like many important decisions in life, people sometimes second guess themselves and change their mind.  For this very reason I typically negotiate on a non-binding basis making it clear to ICBC or ICBC’s lawyers that if a settlement is agreed to in principle it is never binding on my client unless and until they sign the full and final release.  This gives clients one last chance to change their mind which is never a bad option to have.
If such a term is not part of the settlement negotiations then a client may be bound even if they get cold feet and decide not to sign ICBC’s settlement contract.  Reasons for judgement were relased today (Lacroix v. Loewen) discussing exactly such a scenario.   In Lacroix the Plaintiff gave her lawyer instructions to accept a settlement offer.  The lawyer then did accept ICBC’s settlement offer.  The client, after speaking with some friends, decided not to proceed with the settlement and did not sign ICBC’s settlement contract.  The client proceeded with her Injury Claim and ICBC brought an application to dismiss the lawsuit on the basis that it was already settled.
In the end Mr. Justice Williamson permitted the claim to continue finding that after the accepted offer ICBC insisted upon a new term which was not part of the agreed settlement thus undoing the agreement to settle. But for this fact, it appears, the Plaintiff would have been bound to the settlement.  Mr. Justice Williamson summarized the law relating to offer and acceptance of ICBC Injury Claims and the required paperwork that flows from such a contract as follows:

[14] In Fieguth v. Acklands Ltd. (1989), 37 B.C.L.R. (2d) 62, 59 D.L.R. (4th) 114 (C.A.), McEachern C.J.B.C., speaking for the court, said at 70:

In these matters it is necessary to separate the question of formation of contract from its completion. The first question is whether the parties have reached an agreement on all essential terms. There is not usually any difficulty in connection with the settlement of a claim or action for cash. That is what happened here and as a settlement implies a promise to furnish a release and, if there is an action, a consent dismissal unless there is a contractual agreement to the contrary, there was agreement on all essential terms.

The next stage is the completion of the agreement. If there are no specific terms in this connection either party is entitled to submit whatever releases or other documentation he thinks appropriate. Ordinary business and professional practice cannot be equated to a game of checkers where a player is conclusively presumed to have made his move the moment he removes his hand from the piece. One can tender whatever documents he thinks appropriate without rescinding the settlement agreement. If such documents are accepted and executed and returned then the contract, which has been executory, becomes executed. If the documents are not accepted then there must be further discussion but neither party is released or discharged unless the other party has demonstrated an unwillingness to be bound by the agreement by insisting upon terms or conditions which have not been agreed upon or are not reasonably implied in these circumstances.

[15] In the case at bar, the question becomes whether the defendants, in sending over the cheque for the settlement sum along with the release documents, insisted upon terms or conditions which had not been agreed upon or were not reasonably implied in these circumstances.

[16] There is no doubt upon the affidavit material filed by the plaintiff that when ICBC offered the plaintiff $7,000 via her counsel Mr. Mickelson, she told Mr. Mickelson to accept that offer.  He did.

[17] It was after a conversation with friends that the plaintiff telephoned Mr. Mickelson again and told him that she would not accept the offer.

[18] The plaintiff says that the documents, which she saw only after purporting to withdraw her acceptance, show that Mr. Mickelson did not follow her instructions.  She had instructed him to make an offer at $6,500, plus user fees, plus all of her expenses, an offer that would have amounted to $7,692.  However, she points out that according to the ICBC adjuster’s notes, Mr. Mickelson did not make an offer of $7,692.  Instead, he countered ICBC’s offer of $5,500 with an offer of $7,000.  Thus, the offer that he made was $692 less than the one authorized by the plaintiff.

[19] Nevertheless, when Mr. Mickelson told the plaintiff that ICBC had made an offer of $7,000, it is undisputed that she said she would accept ICBC’s offer.

[20] In these circumstances, I cannot see how the fact that the offer was $692 less than what was originally authorized matters.  The fact is that there was $7,000 on the table.  Her solicitor advised her to take this offer and she did.

The lesson in this case is to make sure that when you give your lawyer settlement instructions understand that he/she can make a binding commitment on your behalf based on these instructions.  Better yet,if you don’t know your lawyers negotiation tactics consider asking him or her to negotiate on a non-binding basis giving you, the client, the final say when the claim settlement paperwork is presented to you.

full and final release, icbc advice, icbc claim settlement, icbc injury claims, icbc injury claims lawyers, lacroix v. loewen, settlement contract

Comments (56)

  • 릴 게임

    Howdy! I’m at work browsing your blog from my new iphone! Just wanted to say I love reading your blog and look forward to all your posts! Carry on the fantastic work!

  • 먹튀폴리스 검증

    You could definitely see your expertise within the work you write. The arena hopes for more passionate writers like you who aren’t afraid to say how they believe. Always follow your heart. “If you feel yourself falling, let go and glide.” by Steffen Francisco.

  • crystalclutch.com

    Does your site have a contact page? I’m having trouble locating it but, I’d like to send you an email. I’ve got some creative ideas for your blog you might be interested in hearing. Either way, great website and I look forward to seeing it grow over time.

  • 먹튀폴리스 포키

    I was wondering if you ever thought of changing the page layout of your blog? Its very well written; I love what youve got to say. But maybe you could a little more in the way of content so people could connect with it better. Youve got an awful lot of text for only having 1 or 2 images. Maybe you could space it out better?

  • beasttv

    This web page is mostly a stroll-by way of for all of the data you needed about this and didn’t know who to ask. Glimpse here, and you’ll positively uncover it.

  • sabway

    whoah this weblog is excellent i really like studying your articles. Keep up the great work! You realize, lots of people are looking around for this info, you could help them greatly.

  • Underground Elephant

    Pretty nice post. I simply stumbled upon your weblog and wished to say that I’ve truly loved surfing around your weblog posts. In any case I will be subscribing for your rss feed and I am hoping you write again soon!

  • poker

    Somebody essentially help to make seriously articles I would state. This is the first time I frequented your web page and thus far? I surprised with the research you made to make this particular publish extraordinary. Fantastic job!

  • poker online

    Howdy! I know this is kinda off topic however I’d figured I’d ask. Would you be interested in exchanging links or maybe guest writing a blog post or vice-versa? My site discusses a lot of the same topics as yours and I feel we could greatly benefit from each other. If you’re interested feel free to send me an email. I look forward to hearing from you! Fantastic blog by the way!

  • agen poker online

    Hey there! I just wanted to ask if you ever have any problems with hackers? My last blog (wordpress) was hacked and I ended up losing months of hard work due to no backup. Do you have any methods to stop hackers?

  • online poker

    fantastic post, very informative. I wonder why the other experts of this sector don’t notice this. You must continue your writing. I am confident, you have a great readers’ base already!

  • מצלמות אבטחה לבית

    Thanks for your tips. One thing I’ve got noticed is that banks along with financial institutions know the dimensions and spending behaviors of consumers and understand that a lot of people max outside their own credit cards around the trips. They properly take advantage of that fact and start flooding your current inbox in addition to snail-mail box with hundreds of Zero APR credit cards offers just after the holiday season finishes. Knowing that when you are like 98 of all American open public, you’ll jump at the possible opportunity to consolidate card debt and transfer balances to 0 annual percentage rates credit cards.

  • situs poker online

    Wow, marvelous weblog structure! How long have you been running a blog for? you made running a blog look easy. The total glance of your website is magnificent, as well as the content!

  • W88 mobile

    Thank you for sharing these kinds of wonderful discussions. In addition, the ideal travel plus medical insurance approach can often reduce those worries that come with journeying abroad. Some sort of medical emergency can quickly become costly and that’s absolute to quickly put a financial weight on the family finances. Having in place the ideal travel insurance program prior to leaving is worth the time and effort. Thank you

  • затворы sung do

    I have noticed that online education is getting common because getting your college degree online has developed into a popular option for many people. Quite a few people have not really had a possibility to attend an established college or university nonetheless seek the improved earning potential and career advancement that a Bachelor Degree grants. Still others might have a degree in one field but would wish to pursue a thing they now possess an interest in.

  • 우리카지노

    you are truly a just right webmaster. The web site loading speed is incredible. It seems that you’re doing any distinctive trick. Moreover, The contents are masterpiece. you’ve done a fantastic activity in this matter!

  • 토토 사이트

    What i do not understood is in reality how you’re not actually much more well-favored than you may be now. You’re so intelligent. You know therefore significantly in relation to this topic, produced me for my part imagine it from numerous numerous angles. Its like women and men are not involved unless it’s one thing to do with Woman gaga! Your own stuffs excellent. All the time care for it up!

  • Google

    Every as soon as inside a while we pick out blogs that we study. Listed beneath would be the latest web pages that we pick out.

  • lifeguard certificate

    Thank you for another fantastic post. Where else may just anybody get that kind of information in such an ideal means of writing? I’ve a presentation subsequent week, and I’m on the look for such info.

  • เช่ารถตู้ Vip

    Hey! This is kind of off topic but I need some advice from an established blog. Is it hard to set up your own blog? I’m not very techincal but I can figure things out pretty fast. I’m thinking about making my own but I’m not sure where to start. Do you have any tips or suggestions? Thank you

  • 야마토릴게임

    I’m impressed, I have to say. Actually not often do I encounter a blog that’s each educative and entertaining, and let me let you know, you may have hit the nail on the head. Your thought is excellent; the difficulty is something that not sufficient individuals are speaking intelligently about. I am very completely happy that I stumbled throughout this in my seek for something relating to this.

  • 토토사이트

    I am really inspired with your writing abilities as smartly as with the format in your blog. Is this a paid subject matter or did you modify it yourself? Either way stay up the excellent high quality writing, it is rare to look a great blog like this one these days..

  • 우리 카지노

    Magnificent goods from you, man. I’ve bear in mind your stuff previous to and you’re simply too wonderful. I actually like what you have got right here, really like what you’re stating and the way through which you say it. You make it entertaining and you continue to care for to keep it smart. I can not wait to learn much more from you. This is actually a tremendous website.

  • lifeguard classes

    I’m impressed, I must say. Actually rarely do I encounter a blog that’s both educative and entertaining, and let me let you know, you’ve gotten hit the nail on the head. Your idea is excellent; the difficulty is something that not sufficient individuals are talking intelligently about. I’m very completely happy that I stumbled throughout this in my seek for one thing relating to this.

  • 먹튀폴리스 가족방

    Excellent post. I was checking constantly this blog and I am impressed! Extremely helpful information specifically the last part 🙂 I care for such info a lot. I was looking for this particular info for a long time. Thank you and good luck.

  • 메이저토토사이트

    Thanks for revealing your ideas listed here. The other thing is that whenever a problem comes up with a computer motherboard, individuals should not take the risk with repairing that themselves for if it is not done correctly it can lead to permanent damage to the entire laptop. In most cases, it is safe just to approach a dealer of that laptop for your repair of the motherboard. They’ve got technicians who may have an know-how in dealing with notebook computer motherboard issues and can make right prognosis and undertake repairs.

  • custom alnico magnets

    A person necessarily help to make critically posts I might state. That is the first time I frequented your web page and to this point? I surprised with the research you made to make this particular put up incredible. Fantastic job!

  • 먹튀검증

    I have recently started a website, the info you offer on this site has helped me tremendously. Thanks for all of your time & work. “A physicist is an atom’s way of knowing about atoms.” by George Wald.

  • custom tees

    Youre so cool! I dont suppose Ive learn anything like this before. So good to seek out someone with some unique ideas on this subject. realy thanks for beginning this up. this web site is something that is needed on the net, somebody with a bit of originality. helpful job for bringing something new to the web!

  • 메이저사이트추천

    I am extremely impressed with your writing skills as well as with the layout on your blog. Is this a paid theme or did you modify it yourself? Anyway keep up the nice quality writing, it’s rare to see a great blog like this one these days..

  • nonton film

    Thanks a lot for sharing this with all of us you actually know what you are talking about! Bookmarked. Please also visit my site =). We could have a link exchange arrangement between us!

Comments are closed.

Contact

If you would like further information or require assistance, please get in touch.

ERIK
MAGRAKEN

Personal Injury Lawyer

When not writing the BC Injury Law Blog, Erik is the managing partner at MacIsaac & Company, based in Victoria, B.C. He is also involved with combative sports regulatory issues and authors the Combat Sports Law Blog.

“Work hard, be kind and enjoy the ride!”
Erik’s Philosophy

    Disclaimer