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Locked: ICBC Claim - Rear ended 2 weeks ago can someone recommend me a lawyer

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[OP]
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ICBC Claim - Rear ended 2 weeks ago can someone recommend me a lawyer

Long story short I was rear ended 2 weeks ago, I was taken to the hospital and my car towed. Other driver was deemed 100% at fault. I've been having neck, shoulder, back pain, headaches, dizziness ever since. My vehicle was a older model Toyota Camry and damages was estimated atleast $5000 and maybe upwards $6000 so it was written off.
My dealings with ICBC haven't been very positive to say the least. When I called in to report the accident I was told to pick my vehicle from the pound so I would have a car to drive I told agent my trunk is popped open lights blown out and who knows what other damages agent said just use hand signals LOL, probably so they could save money and not offer me a rental vehicle. Adjustor I spoke with seemed more concerned about when I will return to work. They also tried to low ball me on my vehicle, they initially offered $3000 but I told them not enough so I emailed them ads from Craigslist, auto trader of comparable and they increased their offer to $4000.
I have a young family and worried that this will affect me long term so I've decided to get legal representation. Hoping I can get some recommendation for a lawyer or law firm that people have had good experiences with here in GVRD. And hope to get some advice going forward. Also heard that lawyer fees are 25% but does anybody know? Thanks.
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If you were injured definitely lawyer for this one. Your insurance co. will lowball on vehicle. I am sure there was a thread I used on here for help with my claim as I had a prick of an adjuster with Aviva but you may have to search for it.
[OP]
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gostinger wrote:
Jan 29th, 2013 8:54 pm
If you were injured definitely lawyer for this one. Your insurance co. will lowball on vehicle. I am sure there was a thread I used on here for help with my claim as I had a prick of an adjuster with Aviva but you may have to search for it.
You wonder sometimes if the adjustor is the prick or the company they work for. In the case of ICBC its probably the latter.
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kev604 wrote:
Jan 29th, 2013 8:22 pm
Long story short I was rear ended 2 weeks ago, I was taken to the hospital and my car towed. Other driver was deemed 100% at fault. I've been having neck, shoulder, back pain, headaches, dizziness ever since. My vehicle was a older model Toyota Camry and damages was estimated atleast $5000 and maybe upwards $6000 so it was written off.
My dealings with ICBC haven't been very positive to say the least. When I called in to report the accident I was told to pick my vehicle from the pound so I would have a car to drive I told agent my trunk is popped open lights blown out and who knows what other damages agent said just use hand signals LOL, probably so they could save money and not offer me a rental vehicle. Adjustor I spoke with seemed more concerned about when I will return to work. They also tried to low ball me on my vehicle, they initially offered $3000 but I told them not enough so I emailed them ads from Craigslist, auto trader of comparable and they increased their offer to $4000.
I have a young family and worried that this will affect me long term so I've decided to get legal representation. Hoping I can get some recommendation for a lawyer or law firm that people have had good experiences with here in GVRD. And hope to get some advice going forward. Also heard that lawyer fees are 25% but does anybody know? Thanks.
I can't help with the lawyer but I can tell you that when my wife was hit at a stop sign ICBC followed her around to take video. They never used it in the case because it only showed how injured she was...so fyi be careful what you do, and don't post photo's of yourself doing anything on facebook.
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chenwaa123 wrote:
Jan 29th, 2013 10:55 pm
I can't help with the lawyer but I can tell you that when my wife was hit at a stop sign ICBC followed her around to take video. They never used it in the case because it only showed how injured she was...so fyi be careful what you do, and don't post photo's of yourself doing anything on facebook.
Figures.
Also use what you say against you as well.
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For a lawyer, shop around to find one that matches your personality. Ultimately, you'll be spending significant time with them and you'll need one that you can work with. Ultimately, your physician and other medical professionals will also have to get along with your lawyer; if your physician disagrees, then you've lost your battle already. Make sure your doctor is familiar with rear end collisions, as their knowledge/experience again will affect your case.

Some are more aggressive, some are less. Some are more knowledgeable in certain areas (whiplash) and some are not. Lawyers usually take 30% of your ICBC take; lawyers taking anything less, probably indicates they're hungry for business. You can even self represent if you motivated enough to and save yourself the 30%, be warned it's not for the faint of heart. You can study what kind of court settlements others with similar cases have received and know what ICBC is responsible for. You're ultimately after fair compensation; this is not a lottery win fall. You probably won't be looking at 7-digit settlements and some not even 5 / 6-digits.


Buy the following & understand what you're getting into (knowledge is everything at this point):

Surviving Whiplash: Saving Your Neck Without Losing Your Mind
http://www.survivingwhiplash.com/index.html
http://www.amazon.ca/Surviving-Whiplash ... pd_sim_b_1
http://www.chapters.indigo.ca/books/Sur ... kwsec=Home

ICBC Tips Online Course
www.icbctips.ca/course.html

ICBCadvice Claim Guide
http://www.icbcadvice.com/


As chenwaa123 posted, you'll be investigated heavily and anything you do could affect your claim. The only reason is for this is that, there are many scammers out there and ICBC has to do what is necessary to avoid them.


But be re-assured that with the proper medical treatments and time, you will heal. Can't say you'll heal to 100%. Also, the healing cycle is long and difficult, but hang in there; remain positive and keep a positive outlook. Having a negative outlook will only prolong things and result in other long-term problems (example: depression).
Fraud / Scam / Bad Business Practices (file a complaint) (CLICK HERE FOR LINKS!)

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hotoffthepress wrote:
Feb 3rd, 2013 9:53 am
Some are more aggressive, some are less. Some are more knowledgeable in certain areas (whiplash) and some are not. Lawyers usually take 30% of you ICBC take. You can even self represent if you motivated enough to and save yourself the 30%, be warned it's not for the faint of heart. You can study what kind of court settlements others with similar cases have received and know what ICBC is responsible for. You're ultimately after fair compensation; this is not a lottery win fall. You probably won't be looking at 7-digit settlements and some not even 5 / 6-digits.
And probably 7+/- years till it finally gets resolved.
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poedua wrote:
Feb 3rd, 2013 9:57 am
And probably 7+/- years till it finally gets resolved.
Forgot about that, the insurance company will also have 7+/- to find faults in your case and they won't release these faults until you try to settle.
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hotoffthepress wrote:
Feb 3rd, 2013 10:07 am
Forgot about that, the insurance company will also have 7+/- to find faults in your case and they won't release these faults until you try to settle.
Good point...make it 10 years then. ;)
" The placebo effect is the most powerful supplement of all "
" The pain of discipline weighs ounces, the pain of neglect weighs tons "
" The best training in the world can't overcome a lousy diet "
TRAIN HARD !!!!
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ICBC may be your mandatory insurance company in BC, but they are not your friend. Unlike other provinces where your insurance company acts on your behalf if you are not at fault in an accident, in BC that's not true. If you have been injured in a car accident, you must keep in mind during every interaction with ICBC that their sole purpose is to find grounds to dismiss or discount your claim, and as a government agency they have access to much more information than a private insurer. Unfortunately you really need a lawyer with experience in personal injury claims to get appropriate compensation.

However I have to say that I think the settlements in minor injury claims these days are simply ridiculous. I've been injured in car accidents a couple of times, including an elbow smashed through a window when a pickup truck slammed into the side of my car (thank goodness for side impact beams in doors!), and a severe whiplash when the car I was riding in was spun 180 deg. in the collision that totaled it. In each case it was really sore for a week, then I got over it. Probably had minor lingering damage, but the idea of making a big deal of it used to seem silly. These days I would probably get a lawyer and sue for $50,000 for "soft tissue injuries". And you wonder why insurance rates have gone up?
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Yes, I guess that's the crap part about ICBC. You guys might get paid less in insurance compare to us in Ontario. But you guys get shafted in terms of suing, because both the OP and the at fault guy all in the same boat. It is in ICBC best interest to pay out to the OP the least as possible, who cares if he is injuried and can't be back to 100%. ICBC will also use this excuse to make some more money off the other guy.

I hope OP you get well soon. I assume you were the only one in the car, so you are lucky your youngsters are not in the car with you. That's why on RFD, I always say it is always worth it to pay extra for a newer / bigger vehicle if transporting kids (tell that to the parents of the kid who got killed right before new years in Ontario being crashed by a Hummer).

And yes OP. You better lawyer up. It will be a real pickle if you can't work, when you are out of money.

JamesA1, I assume you are talking about Ontario. It is all the Ontario government's fault for letting these outrageous claim happen. Thanks the scammer and his type (it's been discussed to death here on RFD), claiming insurancing and staging accident to get payouts. We Canadians are nice, but not stupid. But those guys from overseas think we are stupid, hence doing these scams. I say we throw them in jail and let them rot.
[OP]
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Thanks for the constructive advice. I am going to see a lawyer recommended to me from a family member tomorrow. I talked briefly with the lawyer on Friday and he told me his take would be 25%. I've never had any ICBC claims before. My first few dealings with ICBC on this matter hasn't been very positive as they've already tried to short change me. As one of the posters mentioned above I am worried that ICBC will use every little thing against you ie. if I'm carrying a bag of groceries back to my car or picking up the kids from school or something like that, I mean I still have to eat and live my life.
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JamesA1 wrote:
Feb 3rd, 2013 10:22 am
ICBC may be your mandatory insurance company in BC, but they are not your friend. Unlike other provinces where your insurance company acts on your behalf if you are not at fault in an accident, in BC that's not true. If you have been injured in a car accident, you must keep in mind during every interaction with ICBC that their sole purpose is to find grounds to dismiss or discount your claim, and as a government agency they have access to much more information than a private insurer. Unfortunately you really need a lawyer with experience in personal injury claims to get appropriate compensation.

However I have to say that I think the settlements in minor injury claims these days are simply ridiculous. I've been injured in car accidents a couple of times, including an elbow smashed through a window when a pickup truck slammed into the side of my car (thank goodness for side impact beams in doors!), and a severe whiplash when the car I was riding in was spun 180 deg. in the collision that totaled it. In each case it was really sore for a week, then I got over it. Probably had minor lingering damage, but the idea of making a big deal of it used to seem silly. These days I would probably get a lawyer and sue for $50,000 for "soft tissue injuries". And you wonder why insurance rates have gone up?
Please tell me where in this country any insurance company acts on behalf of the customer who dares to have a claim? I want to start the process of moving there right away.

Insurance companies act on behalf of their shareholders custoemrs are just an inconvenience to be scammed and ripped off at every opportunity LOL.
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Just don't accept monthly payments. You want a lump sum here because they can and will stop monthly payments once you get better. You're fighting the government here and they are the worst group of terrorists to do battle with.
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kev604 wrote:
Jan 29th, 2013 8:22 pm
Long story short I was rear ended 2 weeks ago, I was taken to the hospital and my car towed. Other driver was deemed 100% at fault. I've been having neck, shoulder, back pain, headaches, dizziness ever since. My vehicle was a older model Toyota Camry and damages was estimated atleast $5000 and maybe upwards $6000 so it was written off.
My dealings with ICBC haven't been very positive to say the least. When I called in to report the accident I was told to pick my vehicle from the pound so I would have a car to drive I told agent my trunk is popped open lights blown out and who knows what other damages agent said just use hand signals LOL, probably so they could save money and not offer me a rental vehicle. Adjustor I spoke with seemed more concerned about when I will return to work. They also tried to low ball me on my vehicle, they initially offered $3000 but I told them not enough so I emailed them ads from Craigslist, auto trader of comparable and they increased their offer to $4000.
I have a young family and worried that this will affect me long term so I've decided to get legal representation. Hoping I can get some recommendation for a lawyer or law firm that people have had good experiences with here in GVRD. And hope to get some advice going forward. Also heard that lawyer fees are 25% but does anybody know? Thanks.
Check with Whitten Macolm? Go with Whitten! A few of my friends have used him with positive feedback. I believe the charge is 25% plus expenses (pretty standard rate).

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