Are People Injured in Car Accidents Fairly Compensated in BC?

People injured in car accidents through no fault of their own are entitled to financial compensation for their losses. The compensation is paid by ICBC on behalf of the at fault party. ICBC can then recoup its pay out by increasing the premiums for the responsible person or persons. This is the way the system is supposed to work.

In reality, injured people have two choices. They can choose to settle for a sum that is much less than their entitlement fairly early in the process by dealing with ICBC on their own without a lawyer. Alternatively, they can hire a lawyer and fight for their full entitlement.

In the good old days of a few years ago, ICBC behaved like a hybrid between an insurance company and a Crown corporation. Once a car accident patient had either recovered or reached the point of maximum medical improvement, medical reports were ordered, mediations were scheduled and files were settled on relatively fair terms without the need for trial.

In the last couple of years, the ICBC identity has been transformed almost overnight. All of the nasty tactics used by the American car accident insurance companies, like All State, have been adopted by ICBC enthusiastically. Adjustors will use misinformation to mislead unwary consumers. When that doesn’t work, outright intimidation is the route they take. Voluntary reasonable pre-trial offers and mediation are now off the table.

However, like most bullies, ICBC will back off when threatened and nothing puts fear in their hearts more than the prospect of a trial. It is a fact that ICBC lawyers lose many more trials than they win. It is only when ICBC perceives a genuine trial threat that they behave in a more responsible fashion

A patient who folds his or her tent early by accepting a low early offer does a dis-service to himself or herself and their fellow ratepayers. ICBC will be forced to behave fairly only when enough injured people pluck up their courage, hire lawyers and fight for the right to have all of their losses caused by the accident fully addressed.