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-   -   Help: My sis is getting sued. (https://www.revscene.net/forums/622729-help-my-sis-getting-sued.html)

Meowjin 08-19-2010 04:08 PM

This is icbc's job, not yours
Posted via RS Mobile

donjalapeno 08-19-2010 04:30 PM

Quote:

Originally Posted by iambuRnz (Post 7073468)
they need to show proof that they've been visiting the doctor. (receipts, etc.) otherwise they have no case against your sister.

this....

tonyvu 08-19-2010 05:26 PM

Quote:

Originally Posted by akalic (Post 7073428)
will be needing some pics of your sister to assess the issue properly

I see what you did there....

:haha:

RiceIntegraRS 08-19-2010 06:05 PM

Quote:

Originally Posted by MajinHurricane (Post 7073549)
This is icbc's job, not yours
Posted via RS Mobile


this! This is why we have insurance. The lady cant sue u, they sue ICBC for injuries. They only sue u cause ICBC must of rejected their claim and then, they dont have a leg to stand on

Meowjin 08-19-2010 06:18 PM

It's just part of the law to sue the defendent, even if its through ICBC. ICBC gets a copy and the defendent.

ericthehalfbee 08-19-2010 06:19 PM

I rear-ended a lady many years ago. Very minor collision that didn't even scratch the paint on the bumpers. Hell, my drink on my seat didn't even spill over.

Lady got out and was holding her neck claiming it was sore. Then proceeded to file claim for injuries.

Long story short, she was denied. The type of injury she was claiming is called "soft tissue damage" which is almost impossible to detect which is why it's so easy for people to scam insurance companies. All they need is a "sympathetic" doctor to say you are indeed suffering. You can't use an x-ray or ultrasound to detect this type of injury.

Unfortunately for her, the type of injury she was trying to fake is the kind that never causes pain until usually the next day. Sort of like when you play sports after being idle for awhile. You feel fine, but the next day you're sore.

The fact she grabbed her neck right after the accident is why she was denied. If she had said she felt fine, but then was sore the next morning she could have gotten money.

Sound like what this lady is trying.

Meowjin 08-19-2010 06:31 PM

Not entirely true. If you have enough sources that agree that something is wrong (in my case physio, doctor and chiro), they still have to pay you out. I was pretty shaken up. As I was about to go to bed about 7 hours later I started to feel really stiff. Next day I couldnt even my neck or back and I had shooting pains going down my leg.

Ferra 08-19-2010 07:07 PM

bottom line, THERE IS NOTHING YOUR SISTER HAS TO WORRY ABOUT

it doesn't matter if the women sue for $50,000 or 1,000,000, ICBC will be paying the bill. (of course unless she is suing for an amount that exceed your 3rd party liabilities and won...typically 1-3 millions.)

ericthehalfbee 08-19-2010 07:09 PM

^ If you were rear-ended with significant force, then you could have a sore neck or other injuries that cause pain immediately.

However, unfortunatley, most people don't suffer injuries from these "low speed/low damage" rear-enders. They just milk the system for "pain and suffering" and see an opportunity to get a quick $5K or $10K.

A co-worker also hit a young girl and the damage to the cars was minimal. She tried to sue ICBC for money, ICBC provided the lawyers and contacted my buddy on everything he had to do. She was also denied as it was determined the energy of the impact (based on vehicle damage) was not enough to cause injuries. Good Guys -1, Scamming Bitch - 0.

For those that think this is OK, you should know that almost 50% of ICBC's expenses are for payouts for rear-end accidents where people usually claim whiplash or other neck problems.

Next time you bitch about insurance, just think that 50% of your insurance rate is going to these people, and a LOT of them are milking the system.

Ferra 08-19-2010 07:24 PM

Quote:

Originally Posted by ericthehalfbee (Post 7073709)
^ If you were rear-ended with significant force, then you could have a sore neck or other injuries that cause pain immediately.

However, unfortunatley, most people don't suffer injuries from these "low speed/low damage" rear-enders. They just milk the system for "pain and suffering" and see an opportunity to get a quick $5K or $10K.

Next time you bitch about insurance, just think that 50% of your insurance rate is going to these people, and a LOT of them are milking the system.

I blame this on overly lenient doctors...
in court, a doctor's report or testimonial is the only thing that really count...judge doesn't care whether they collision is at 10km/h or 100km/h. as long as the so called "professional" said there is injury..then there is injury (unless you find another "professional" that proves otherwise.)

rsx 08-19-2010 07:25 PM

Talk to ICBC before anything. They'll advise you on next steps.

Good luck.

Don't worry, ICBC hires PI's to tail suspected scammers. Hell, I used to work for HBT and we hired PI's for people who claim long term disability.

Meowjin 08-19-2010 07:31 PM

Quote:

Originally Posted by ericthehalfbee (Post 7073709)
^ If you were rear-ended with significant force, then you could have a sore neck or other injuries that cause pain immediately.

However, unfortunatley, most people don't suffer injuries from these "low speed/low damage" rear-enders. They just milk the system for "pain and suffering" and see an opportunity to get a quick $5K or $10K.

A co-worker also hit a young girl and the damage to the cars was minimal. She tried to sue ICBC for money, ICBC provided the lawyers and contacted my buddy on everything he had to do. She was also denied as it was determined the energy of the impact (based on vehicle damage) was not enough to cause injuries. Good Guys -1, Scamming Bitch - 0.

For those that think this is OK, you should know that almost 50% of ICBC's expenses are for payouts for rear-end accidents where people usually claim whiplash or other neck problems.

Next time you bitch about insurance, just think that 50% of your insurance rate is going to these people, and a LOT of them are milking the system.

anyone in the same situation would try to do the same.

also I tboned someone threw an intersection on a one way street.

!LittleDragon 08-19-2010 08:08 PM

A few years ago, I got bumped by a CRV. My bumber had to be resprayed and that was it. $500 worth of damage. Problem was, a few days later, I couldn't turn my head and that lasted for about 2 weeks. Tried to get an injury claim going from ICBC but that was quickly shot down for obvious reasons. I would've been screwed if I didn't have extended medical covering the costs. When I was done, I called my ICBC adjustor to reiterate that I was not looking for money and that they will be receiving a bill from Pacific Blue Cross for close to $10k. All that wasted time going to physio, massage, chiro, doctor's appointments, etc...

spoon.ek9 08-19-2010 08:47 PM

i was in this situation close to a decade ago.

i was cut off before merging onto a single lane bridge by some douche bag and about 20m after the bridge there are inactive railroad tracks. he stomps on his brakes just before the tracks and i of course rear end him. i say he stomped on his brakes because no one slows down to cross these tracks. they are smooth as butter. weather was clear, not even wet pavement from rain.

after the collision, i get out run to his car and ask if he's alright. after a couple of minutes (while i'm on the phone), he gets out and immediately tells me to call an ambulance. mind you, he got out of the car on his own, he's standing up straight, and he looks completely fine.

as we exchange information, the ambulance arrives. immediately, he grabs his neck and grimaces in pain.

good. fucking. game.

so about 2 years later, i get served with a notice saying i'm being sued by this fucker. ICBC contacts me, tells me i have to appear downtown at a "discovery" into the incident. i was adament until the end that this idiot had no reason to suddenly stop like that.

about a month after all of this, I emailed my lawyer asking out of curiousity what the result was. he told me the guy was paid $20,000.

nothing came out of my pocket, except for the raise in insurance which was inevitable.

xyz123 08-19-2010 09:22 PM

http://www.icbc.com/claims/injury/process_claims

Don't know if this helps but these are the steps in which someone claiming for injury must go through to complete an injury claim. Kind of interesting if you read through it. Been in a rear end accident 2 months ago, it sucks; however the person that I rear ended didn't get past stage 3.

ImportPsycho 08-19-2010 09:39 PM

wtf after two years? what kinda bullshit is that?
was she asian?
getting the car holding back of the neck, is all faking it lol

Meowjin 08-19-2010 09:46 PM

this sounds normal. Most law firms wont touch a case till after 2 years.

Qmx323 08-20-2010 12:29 AM

Quote:

Originally Posted by Greenstoner (Post 7073452)
if someone is seriousy injuried the neck during accident, he/she wouldnt be able to "get out" the car and able to move his/her neck

i call bs

has paramedic attend and sent her to hospital afterward ?

lol... reminds me of the time i got hit by a car, no pain for the rest of the day

the next 10 days :fuuuuu:

izzer 08-20-2010 01:47 AM

Quote:

Originally Posted by Ferra (Post 7073708)
bottom line, THERE IS NOTHING YOUR SISTER HAS TO WORRY ABOUT

it doesn't matter if the women sue for $50,000 or 1,000,000, ICBC will be paying the bill. (of course unless she is suing for an amount that exceed your 3rd party liabilities and won...typically 1-3 millions.)

This is not entirely true. Yes ICBC third party liability will pay to cover damage to property and injuries for the other party involved in the collision, but your insurance rates will go up. You lose you discount and move up on the claims rated scale, meaning your increase in premiums pretty much pays icbc back what they payed out.

You may also pay out a claim to regain your claims rated scale discount, however claims involving bodily injury are not payable and you just have to work your way back to a better discount.

Walperstyle 08-20-2010 02:36 AM

First mistake is coming to the internet looking for legal advice. 2nd is not posting pics of your sister like the 2nd post requested.

MG1 08-20-2010 07:19 AM

Quote:

Originally Posted by Walperstyle (Post 7074157)
First mistake is coming to the internet looking for legal advice. 2nd is not posting pics of your sister like the 2nd post requested.

Actually, I thought the title said, "My sis is getting used." I was like gotta check this out. Pics to assess the situation. WOW!!!


Wait........... what if she is like............ uh............... nvm.

Ferra 08-20-2010 07:20 AM

Quote:

Originally Posted by izzer (Post 7074129)
This is not entirely true. Yes ICBC third party liability will pay to cover damage to property and injuries for the other party involved in the collision, but your insurance rates will go up. You lose you discount and move up on the claims rated scale, meaning your increase in premiums pretty much pays icbc back what they payed out.

You may also pay out a claim to regain your claims rated scale discount, however claims involving bodily injury are not payable and you just have to work your way back to a better discount.

OP said they already went thru ICBC 2 years ago...I don't think they have any intention to pay out the claim by now.

as for ICBC, a claim is a claim, a $5000 claim affect your insurance the same way a $1 million claim would

Mugen EvOlutioN 08-20-2010 07:21 AM

what if she is like what
:D

dai3yuen 08-20-2010 07:40 AM

The statute of limitations for making a 'claim' against an insurance policy is 2 years, that's why the Writ is being served now. If the lawyer did not serve the writ within the 2 year period, then the other person has no case.

BTW, I love how people in this thread are like, no f*cking way should this person be paid anything, they're faking, etc. etc. but in other threads where Revscene members have been in accidents, the comments are all, "Woohoo! You've hit the ICBC lottery!! Take the @ssholes for all that you can!!"

IMO, I think that if you've been injured, no matter how little, you should be reasonably compensated according to your injuries.

hotjoint 08-20-2010 08:23 AM

Quote:

Originally Posted by 89blkcivic (Post 7074232)
Actually, I thought the title said, "My sis is getting used." I was like gotta check this out. Pics to assess the situation. WOW!!!


Wait........... what if she is like............ uh............... nvm.

you're hilarious


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