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McComb Witten Marcoux

Negotiating with ICBC - Part 1 ; What to Do ?

Jeffrey S. Witten, B.A., LL.B.
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Personal Injury Lawyer at McComb Witten Marcoux

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The art of the deal. Good old fashioned horse trading. Whatever you want to call it, negotiation is usually the way most ICBC injury claims are resolved.

You see it boils down to this. In B.C. people pursuing compensation for injuries they've suffered in a car accident have one of two options when it comes to resolving their claim.

Either they reach a negotiated settlement with ICBC. Or they take their case to trial.

And the vast majority ( over 95%) of ICBC injury claims are concluded via a negotiated settlement.

So how does a person negotiate a settlement of their injury claim with ICBC ?

What are the strategies, techniques, secret tricks that a person should employ ?

Wow !  That's a big question.

Have a look on Amazon. There are hundreds of books written on "How to Negotiate". And there as many different styles, philosophies and strategies as there are books.

But there is one thing. One really key insight that I can share with you.

Its about information.

In order to conduct an effective negotiation with an ICBC adjuster you need to have key pieces of information ( lawyers call it evidence) to justify whatever it is that you're looking for as far as compensation is concerned.

What type of information ? Here's the bare minimum.

 Medical Information - The records of your family doctor and any specialist doctors you may have seen following your accident. The records of the physiotherapist, massage therapist, chiropractor or any other healthcare professional that you may have seen in order to seek treatment for your injuries.

Wage loss information - A letter from your employer setting out  the days you were absent from work ( because of your injuries of course). The number of hours you missed on each day. And your hourly rate of pay.

Out of pocket expense information - Receipts for the medication you bought. Receipts for any fees you paid to healthcare people. And any other paperwork which proves that you paid money out of your own pocket to deal with your injuries.

You see, it's all about providing the appropriate type of information ( documentation) to substantiate whatever it is you're looking for in terms of compensation.

Is negotiating a fair settlement with ICBC more complicated then just providing information ?  Of course.

But having the proper information is where it all starts.

Stayed tuned for more articles on this subject.

And if you want to talk more about how a settlement is negotiated with ICBC feel free to give me a call at 604-255-9018 or drop me an e-mail at [email protected]

Jeff Witten


Category: Car Accidents

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