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ICBC Settlement Payouts: The Good, the Bad, and the Ugly

Surrey ICBC Lawyer > ICBC  > ICBC Settlement Payouts: The Good, the Bad, and the Ugly

ICBC Settlement Payouts: The Good, the Bad, and the Ugly

ICBC Settlement Payouts

While an accident and its after-effects are unmatchable in pain, the complications of ICBC Settlement Payouts are not any less. It is very important to have a clear understanding of how ICBC functions and the payout works.

The payout of settlement varies according to different types of accidents and the severity of the incident. Usually, most of the cases that come to ICBC are related to whiplash, pain, and suffering.

And today, our article is all about these. We are going to discuss all the aspects of ICBC payouts and the processes.

Here we go.

What Kind Of Claims does ICBC Settle?

In case of a car accident, you have two ways open. You can file a complaint either as a no-fault accident claim or a personal injury claim.

Accident not at fault

Sometimes, it happens that one is involved in a traffic accident or a collision without being responsible for it. For example, a pedestrian: It is an accident at no fault.

In the event of a non-responsible accident, what will be the compensation for your material damage and/or injury? Whatever the formula of your car contract, your liability for the accident is 0%. So, you will be compensated by your insurer. To know about that you should talk to with an ICBC lawyers in Surrey to know everything about this topic.

This will then turn against the company insuring the responsible third party. In this case, for example, you will be entitled to reimbursement of your car after any non-responsible accident.

Finally, it is the responsibility of the driver’s insurer to compensate all victims affected by the incident (other motorists, passengers, pedestrians, etc.).

Personal injury

It is such a type of case where you face injury due to the negligence of others, most often the driver. Here, the driver is at fault. So, you can claim a settlement for your personal losses due to the accident. And the insurance company of the driver will be responsible for all your payouts.

The usual insurance amount is a minimum of 200,000$.

How Much is a Typical Pain and Suffering Settlement?

So, before getting into the main part, you need to know what a general calculation of pain and suffering settlement is.

Pain and suffering, in legal words, are the loss you face both physically and morally. You will come across a couple of calculators which claim to calculate the pain compensation. But most of them are actually worthless. The compensation actually depends on many factors.

As different incidents have different degrees of loss, the settlement will vary according to that. Also, where the accident happened is another factor that will determine the payment amount. In general, Canada doesn’t pay a very higher amount in such cases.

The calculation of pain and suffering is briefly divided into two stages.

Economic suffering:

  • Bills- medical expense, ambulance cost, counseling, physiotherapy, medicines, and equipment
  • Loss wage
  • Home renovation
  • Car damage
  • Assistance

Non-economic damage:

  • Disability or disfigurement
  • Social struggle
  • Loneliness
  • Stress
  • Loss of quality of daily life

ICBC Settlement Payouts: What Are The Different Compensations?

There are various accidents in which you can claim ICBC compensations. Among them, the most common are whiplash and pain and sufferings. So, we try to discuss these; how much do you get and how.

How much does ICBC pay pain and suffering?

There are two timelines for this compensation.

Minor suffering: if you suffer a minor accident and the pain is treatable, you are eligible for minor personal injury payouts.

So, if the accident has taken place before 31st March 2020- you are entitled to 5,500$. On the other hand, if it has happened after 1st April 2020- you can ask for $5,627.

The amount will increase if your injuries are not minor. But how do you determine if they are serious?

Well, if the effects of injuries seem to stay more than a year and prevent you from doing daily activities, they will be considered serious. Besides, the mental agony lasting more than 16 weeks will also be considered a serious injury. In this case, you can claim an extended settlement for your pain and suffering.

What is the average ICBC whiplash settlement?

Again, an average whiplash settlement will also vary from case to case. But usually, there is a guideline of ICBC regarding the payout for whiplashes.

ICBC suggests a minimum of $6,500 and a maximum of $15,000 in such accidents. Remember, this is an average amount of ICBC whiplash payouts. This can extend up to 85,000$ depending on the severity.

 

Other ICBC Injury Claim Payouts at a Glance

Fields of suffering

Maximum settlements

Soft tissue injury

85,000$

Medical-related expenses

150,000$ (before January 1, 2018)

300,000$ (after January 1, 2018)

Wage loss

300$ (before April 1, 2019)

740$ (after April 1, 2019)

Maintenance

145$ (before April 1, 2019)

280$ (after April 1, 2019)

Light neck injury

40,000$

How Long Does It Take For ICBC To Settle?

This is a very important and complicated question to answer. The time it takes for ICBC to settle will depend largely on the particular circumstances of each matter. This includes the personal needs and goals of the plaintiff. In general, it can be said that the process may take an average of 2-3 years to finalize.

Here are the factors that determine this timeline.

1. The type of liability

When there is no doubt about the fault of one of the parties, the claim process is relatively simple. In these types of cases, the ICBC will usually be willing to make a reasonable payment proposal in order to avoid a lawsuit.

If, on the other hand, the victim was at fault in the incident, the issue of liability can become complex. In these cases, ICBC may well be more reluctant, if not unwilling, to settle. This can extend the time by which a claim process can be resolved.

2. The economic damage

When a claim involves a significant amount of money, ICBC is likely to carry out a much more thorough investigation. In these types of matters, the payment process may take longer than normal.

3. The type of injuries

When the severity and nature of the injuries are not very apparent, it can take time. In such a case, the defendant’s best option may be to wait until the extents of the injuries are determined.

4. The strength of your case

Strong claims, supported by strong evidence, are associated with a faster and fairer payment process. This is because ICBC will not want to spend more resources investigating and paying claims that cannot effectively fight at trial.

Negotiating a Claim Payment: What You Should Know About ICBC Injury Payouts Policy

Regardless of the strength and feasibility of a claim, the ICBC will try to work in its own favor. It is essential to understand that every time you deal with ICBC, you may have to navigate against the current.

This is mainly due to the fact that ICBC or any other insurance company:

  • Are more interested in protecting their interests and/or profits
  • Usually, try to find ways to avoid paying the full amount of coverage (or any amount)
  • Have experience in fighting claims
  • Are not on the side of the complaining party

This is why it is very important to have the legal representation of an experienced lawyer. With previous experience defending insurance companies, they know exactly how the insurance industry is run. They will tell you what strategies insurance companies use and how to combat them effectively.

Final verdict

If you are in such situations where you need to know ICBC settlement payouts, it will be best to consult a lawyer. ICBC and other insurance companies are very strategic and intelligent. To take on them, you alone will fall short. So, to understand their strategy and get justice, you need help- a lawyer.

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