Negotiating with ICBC - Part 2; What's your position ?
It doesn't really matter what type of negotiation you're talking about.
The deal you're able to negotiate is ,to a large degree, dependant on the position you are operating from.
Are you operating from a position of strength or a position of weakness ?
And I can tell you this. Negotiating a settlement of your ICBC injury claim is no different.
In my opinion ( and based on my over 20 years of handling ICBC injury claims) the factors set out below are crucial when it comes to ICBC evaluating the strength of your negotiating position.
The first thing that will have a bearing on your position is the strength of the evidence you're able to put forward ( see Part 1 in my series of posts discussing negotiation of a settlement with ICBC).
The second issue that weighs on your negotiating position is whether or not ICBC thinks you have the gumption to walk away from negotiations if you're not satisfied. In otherwords, does ICBC perceive you to be someone who is prepared to settle at any cost? Or do they think you'll have the brass to "down tools" if you can't negotiated what you feel is fair compensation?
A third factor that gets looked at is how far away you are from your two year limitation. Generally speaking people I think its fair to say that a person who's only a handful of days away from having their claim statute barred ( failing to settle their claim or properly initiate a lawsuit within the period provided by law) is seen to be operating from a position of weakness.
A fourth piece of the puzzle is whether ICBC believes that your injuries and losses are genuine and related to your accident. If ICBC thinks you aren't "for real" and that you "don't have much of a case", I think you know where things are likely headed.
And a fifth factor that gets thrown into the mix is whether ICBC believes you're going to retain a lawyer if you aren't able to settle your claim directly with them. It's called leverage ( i.e. "what are you going to do about it). The type of person who comes across as not willing to "go legal" is the type of person who's operating from a position of weakness.
So there you are.What I believe to be five of the most important factors that ICBC looks at when evaluating your negotiating position.
Interested in talking about this topic in more detail ? Questions ? If so, fire me off an e-mail at [email protected] or give me a call at 604-255-9018.
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