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

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doberman_baby wrote:
Feb 3rd, 2013 1:42 pm
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).
" plus expenses " :rolleyes:

aka ...' the back hole '

Heaven forbid the lawyer wouldn't absorb his expenses out of his or her 25% take of the settlement.
" 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 "
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Canuck2fan wrote:
Feb 3rd, 2013 12:57 pm
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.
Your insurance company is happy to act on your behalf if the other party can be found responsible. But in BC, ICBC is the insurer on both sides.
spike1128 wrote: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
Actually you Ontario folks have exactly a backwards impression.

ICBC government insurance doesn't cost less than private insurance, it costs more. They have to cover exactly the same costs as in Ontario, but they are saddled with the additional burden of inefficient government bureaucracy and the fact that all the body shops shaft them on repair costs since there's no competition between insurers. If you tell a body shop that something is a private repair, not ICBC, they'll quietly drop the price to half.

In terms of suing, you are better off in BC because you can actually take any case to court if you aren't satisfied with the assignment of liability by ICBC and tell it to the judge. In Ontario you have an Insurance Act that spells out a mandatory division of liability for most common collisions, and says you aren't allowed to sue even if you are in the 10% where the mandatory liability is unfair.
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JamesA1 wrote:
Feb 3rd, 2013 4:32 pm
Your insurance company is happy to act on your behalf if the other party can be found responsible. But in BC, ICBC is the insurer on both sides.



Actually you Ontario folks have exactly a backwards impression.

ICBC government insurance doesn't cost less than private insurance, it costs more. They have to cover exactly the same costs as in Ontario, but they are saddled with the additional burden of inefficient government bureaucracy and the fact that all the body shops shaft them on repair costs since there's no competition between insurers. If you tell a body shop that something is a private repair, not ICBC, they'll quietly drop the price to half.

In terms of suing, you are better off in BC because you can actually take any case to court if you aren't satisfied with the assignment of liability by ICBC and tell it to the judge. In Ontario you have an Insurance Act that spells out a mandatory division of liability for most common collisions, and says you aren't allowed to sue even if you are in the 10% where the mandatory liability is unfair.
Not exactly. In terms of premiums we pay more than you, even if we are in the same demographic driving the same car. Trust me, we Ontarians know.

I agree with you, paying for repairs privately is so much less. Don't forget that most Ontarios in major cities are poor deadbeat whiners who blame on the other people even if they were at fault. So they either run away - tell you not to go through insurance, in order to get a payout we make claims in insurance anyways. In the end, hard to payout privately. You can read those collision threads on here, we always have people running away and not pick up calls to pay up.

We rather take it to court than to have no fault insurance. Trust me, even if you were on the right sometimes the system force partial fault on you (either because no witness/your word against their word, or you might be in the wrong for 5%) your rates will raise regardless. Even a choice I rather be able to sue. We Ontarians hate Bob Rae for this, he is the one who create this stupid no fault insurance. I say we pay out more now than we did when we were in the old system. In terms of paying out for injuries, we get it quite good here. Hence you get those immigrants creating accidents on purpose to scam the system, I don't think you guys have that much scams compare to us here.

You are right, our insurance company will use their own lawyers to sue the other company if they don't pay out. ICBC is quite a scam, if it involve a large sum payout.
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doberman_baby wrote:
Feb 3rd, 2013 1:42 pm
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).
Okay will give these guys a call.
" plus expenses "

aka ...' the back hole '

Heaven forbid the lawyer wouldn't absorb his expenses out of his or her 25% take of the settlement.
I think this would be like court expenses that the law firm pays upfront and then subsequently reimbursed back to them.
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spike1128 wrote:
Feb 3rd, 2013 4:43 pm
Not exactly. In terms of premiums we pay more than you, even if we are in the same demographic driving the same car. Trust me, we Ontarians know.

I agree with you, paying for repairs privately is so much less. Don't forget that most Ontarios in major cities are poor deadbeat whiners who blame on the other people even if they were at fault. So they either run away - tell you not to go through insurance, in order to get a payout we make claims in insurance anyways. In the end, hard to payout privately. You can read those collision threads on here, we always have people running away and not pick up calls to pay up.

We rather take it to court than to have no fault insurance. Trust me, even if you were on the right sometimes the system force partial fault on you (either because no witness/your word against their word, or you might be in the wrong for 5%) your rates will raise regardless. Even a choice I rather be able to sue. We Ontarians hate Bob Rae for this, he is the one who create this stupid no fault insurance. I say we pay out more now than we did when we were in the old system. In terms of paying out for injuries, we get it quite good here. Hence you get those immigrants creating accidents on purpose to scam the system, I don't think you guys have that much scams compare to us here.

You are right, our insurance company will use their own lawyers to sue the other company if they don't pay out. ICBC is quite a scam, if it involve a large sum payout.
What I'm most concerned about right now is that the aches, pains, soreness, headaches, dizziness, these symptoms that I did not have before but now plague me daily will linger for weeks, months, years. I have a wife and two young daughters and if these symptoms are going to effect my quality of life which in truth it already has than I need to be compensated fairly that's all I ask.
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kev604 wrote:
Feb 3rd, 2013 4:58 pm
What I'm most concerned about right now is that the aches, pains, soreness, headaches, dizziness, these symptoms that I did not have before but now plague me daily will linger for weeks, months, years. I have a wife and two young daughters and if these symptoms are going to effect my quality of life which in truth it already has than I need to be compensated fairly that's all I ask.
Yes, that's why I said in my 1st post to get a good lawyer to sue. Wish you luck on this. I agree with the other poster about getting lump sum instead of installments when you win the law suit.
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kev604 wrote:
Feb 3rd, 2013 4:58 pm
What I'm most concerned about right now is that the aches, pains, soreness, headaches, dizziness, these symptoms that I did not have before but now plague me daily will linger for weeks, months, years. I have a wife and two young daughters and if these symptoms are going to effect my quality of life which in truth it already has than I need to be compensated fairly that's all I ask.
Well I wish you the best of luck getting a decent settlement.

My wife was rear ended at a stop sign in a CRX when she was 18. Her car was totaled. 14 years later and she still has permanent injuries, for example her arm from the shoulder down will go blue and cold because blood flow stops, and she has permanent spinal injuries too. Even her eye sight changed significantly.

After 2-3 years in court she received the max settlement at the time allowable which was around $40k. After taxes, lawyer fees she maybe netted $20k; hardly fair considering the impact on her life.
The lawyer advised at the time he was working on a case where a 16yr old girl lost her eye in a car accident, if I remember correctly he said that she only received about $15k...terrible.
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kev604 wrote:
Feb 3rd, 2013 4:44 pm
I think this would be like court expenses that the law firm pays upfront and then subsequently reimbursed back to them.
Perhaps, but its probably best to confirm up front exactly the scope of what ' expenses ' entails nonetheless.
" 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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kev604 wrote:
Feb 3rd, 2013 4:58 pm
What I'm most concerned about right now is that the aches, pains, soreness, headaches, dizziness, these symptoms that I did not have before but now plague me daily will linger for weeks, months, years. I have a wife and two young daughters and if these symptoms are going to effect my quality of life which in truth it already has than I need to be compensated fairly that's all I ask.
Unfortunately, " compensated fairly " is wide open to interpretation.

And I suspect, as a result, you'll probably end up with a lot less than what you're hoping for.

So, if you're going to embark on this process, at least try as best you can go into it with realistic expectations - hopefully, something your lawyer can put in place for you. Best to end up pleasantly surprised at the outcome than crushingly disappointed......aka....' expect the worst, hope for the best '.
" 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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kev604 wrote:
Feb 3rd, 2013 4:58 pm
What I'm most concerned about right now is that the aches, pains, soreness, headaches, dizziness, these symptoms that I did not have before but now plague me daily will linger for weeks, months, years. I have a wife and two young daughters and if these symptoms are going to effect my quality of life which in truth it already has than I need to be compensated fairly that's all I ask.
ICBC cares not for your pain, suffering and symptoms; only for your lawyer.

-I know a gal that got rear-ended by a cop at < 10km/h, $9,000 settlement.
-Two gals at work, fender-bender not close to write-off. One back to work in a week with nothing, other held out for a year and hit $85,000 with no significant injuries..
-Buddy of mine got rear-ended by a drunk, ejected from the car and broken neck (without spinal cord injury) but will be lifelong; < $50,000, didn't have the heart to ask him final tally.. They nailed him on video and screwed his case in the 2nd year.
-My brother got hit by somebody doing 30 km/h + speed limit in a marked crosswalk, after 7 years and what will be life-long injuries. < $20,000.

Ontario may be more in premiums, may be less; depending on vehicle, driver, accident history, etc. But nothing is as unfair as ICBC, nothing. If ICBC VS ICBC isn't a conflict of interest I don't know what is, not even getting into the fact that they're the licenser as well.
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chenwaa123 wrote:
Feb 3rd, 2013 5:15 pm
My wife was rear ended at a stop sign in a CRX when she was 18. Her car was totaled. 14 years later and she still has permanent injuries, for example her arm from the shoulder down will go blue and cold because blood flow stops, and she has permanent spinal injuries too. Even her eye sight changed significantly.
Unfortunately, " compensated fairly " is wide open to interpretation.

And I suspect, as a result, you'll probably end up with a lot less than what you're hoping for.

So, if you're going to embark on this process, at least try as best you can go into it with realistic expectations - hopefully, something your lawyer can put in place for you. Best to end up pleasantly surprised at the outcome than crushingly disappointed......aka....' expect the worst, hope for the best '.
Thanks for the advice. Right now I'm just trying to get a grasp of what's going on physically, and how this is going to effect me today, tomorrow and going forward. Dealing with ICBC will be a long drawn out ordeal from what everybody has told me and be prepared to be short changed every step of the way.
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kev604 wrote:
Feb 3rd, 2013 6:27 pm
Thanks for the advice. Right now I'm just trying to get a grasp of what's going on physically, and how this is going to effect me today, tomorrow and going forward.

Dealing with ICBC will be a long drawn out ordeal from what everybody has told me and be prepared to be short changed every step of the way.
Which, as I alluded to earlier, would represent " realistic expectations ".

FWIW...my daughter was involved in a multiple vehicle crash at 90 km/h just this past summer ( our vehicle was a ' write off ' ) ...air bags deployed etc. etc. & was transported to hospital by paramedics and subsequently released. However, she ended up in a neck brace for 2 weeks , severely sprained her back, a leg and arm, had to go to multiple physio sessions and was off work for close to 8 weeks. The good news is, she's as good as new now with no lingering effects.

So, hopefully any issues you're experiencing now are just short-lived and you'll eventually bounce back without any lingering effects as well.

Stay positive. :)
" 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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HandsomeRob wrote:
Feb 3rd, 2013 6:13 pm
ICBC cares not for your pain, suffering and symptoms; only for your lawyer.

-I know a gal that got rear-ended by a cop at < 10km/h, $9,000 settlement.
-Two gals at work, fender-bender not close to write-off. One back to work in a week with nothing, other held out for a year and hit $85,000 with no significant injuries..
-Buddy of mine got rear-ended by a drunk, ejected from the car and broken neck (without spinal cord injury) but will be lifelong; < $50,000, didn't have the heart to ask him final tally.. They nailed him on video and screwed his case in the 2nd year.
-My brother got hit by somebody doing 30 km/h + speed limit in a marked crosswalk, after 7 years and what will be life-long injuries. < $20,000.

Ontario may be more in premiums, may be less; depending on vehicle, driver, accident history, etc. But nothing is as unfair as ICBC, nothing. If ICBC VS ICBC isn't a conflict of interest I don't know what is, not even getting into the fact that they're the licenser as well.
Were any of these individuals represented by a lawyer?

I hear alot of stories of ICBC using what you say or do etc. against you. Like I said earlier I still have to eat still have to live even on days that I'm very sore or my head is pounding. I can see ICBC using something like carrying a bag of groceries home or picking up the kids from school against you.
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kev604 wrote:
Feb 3rd, 2013 6:27 pm
Thanks for the advice. Right now I'm just trying to get a grasp of what's going on physically, and how this is going to effect me today, tomorrow and going forward. Dealing with ICBC will be a long drawn out ordeal from what everybody has told me and be prepared to be short changed every step of the way.
Dude, I hate to say, but your lawsuit will fail as poedua has noted if you don't have realistic expectations. What are your expectations on bringing a lawsuit? A lawsuit isn't going to help you get better. Only being and thinking positive will help you get better.

I can tell you that in all honestly you'll probably be fighting for a few years just to get a few grand. Hardly worth the stress when you could harness that same stress energy in getting better, quicker.
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kev604 wrote:
Feb 3rd, 2013 7:45 pm
Were any of these individuals represented by a lawyer?

I hear alot of stories of ICBC using what you say or do etc. against you. Like I said earlier I still have to eat still have to live even on days that I'm very sore or my head is pounding. I can see ICBC using something like carrying a bag of groceries home or picking up the kids from school against you.
The reality is unless you are seriously incapacitated you aren't going to get much. Having a pain here and a pain there or the occasional migraine and trying to claim tens of thousands will be an uphill long battle. We have a similar system here in Quebec although perhaps not as unfair as ICBC but at least you can sue in BC. A tree fell on a parked motorist here in Montreal a few years back. His family sued for the right to sue. They lost.

In the early 80's as a young kid riding his bike I got hit by a car. Everyone is insured on Quebec roads including cyclists and pedestrians who pay zero premiums. After a trip to the hospital for a broken arm and some scrapes and cuts I was sent home. Then the migraines started soon after and are still with me to this day under certain conditions. Have trouble with noisy places. I suffer just going to the Bell Center, a bar or a party with loud music. Also love Grand Prix and all forms Motorsports and trying to enjoy these events is impossible. The SAAQ cut my parents a cheque for $9,000 in 1988 dollars and that was that, case closed and can not sue. Unfair for sure but for a measly $128/year premium regardless of the car, can't expect more. No system in perfect and it's set up for the 99% that never get seriously injured in a car accident. Car insurance should be affordable for all and this seems the only real way to eliminate scams and keep premiums reasonable.

Good luck with your battle OP. Personally I would try and fight it myself or push for a larger settlement. Failing that I would move on with my life since you have a young family. You can look over the benefits table used by the SAAQ to get an idea/example of a government payout. It may help you argue your case.

http://www.saaq.gouv.qc.ca/publications ... _table.pdf

http://www.saaq.gouv.qc.ca/en/accident_ ... _table.php

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