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Old 02-03-2013, 09:01 AM   #26
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He did have valid insurance at the time of accident, so does it mean even if he loose the court battle or ICBC settles with the plaintiff outside court, ICBC will pay for it because he was insured?
Yes, ICBC will cover the settlement portion, since he had valid insurance. There is nothing to worry about for him to come back, give evidence and leave. If you talk to the lawyer, he probably won't even need to be here.
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Old 02-03-2013, 10:11 AM   #27
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He did have valid insurance at the time of accident, so does it mean even if he loose the court battle or ICBC settles with the plaintiff outside court, ICBC will pay for it because he was insured?
i know someone a while back that got a legal letter from someone's lawyer and was being sued (total bogus lawsuit). she passed the letter to ICBC and they took care of it. ICBC asked her some questions to help with their court case. that's the last she heard of it. i assume ICBC's legal team ate the scammers for breakfast.
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Old 02-03-2013, 11:19 AM   #28
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lol was dukes looking to get banned?

or someone took his phone?
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Old 02-03-2013, 12:15 PM   #29
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this will never go to court. this kind of stuff happens all the time. the letter was just a "heads up" letter saying your friend might need to goto court. the other party and his lawyer will likely settle with ICBC's lawyers before the court date.
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Old 02-03-2013, 12:25 PM   #30
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Even if miscommunication was a legit reason as to why your friend never settled the issue, it is very frustrating when people come to Canada, and cannot communicate properly due to the language barrier. I am Asian myself, and find it ridiculous at the amount of Asian people who come here do not bother trying to learn English. I couldn't imagine going to a foreign country and making it my home, without learning about all the proper laws, and their native language.
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Old 02-03-2013, 01:00 PM   #31
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i know someone a while back that got a legal letter from someone's lawyer and was being sued (total bogus lawsuit). she passed the letter to ICBC and they took care of it. ICBC asked her some questions to help with their court case. that's the last she heard of it. i assume ICBC's legal team ate the scammers for breakfast.
Hmmm, wasn't there a thread here about that?? That sounds really familiar...

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Even if miscommunication was a legit reason as to why your friend never settled the issue, it is very frustrating when people come to Canada, and cannot communicate properly due to the language barrier. I am Asian myself, and find it ridiculous at the amount of Asian people who come here do not bother trying to learn English. I couldn't imagine going to a foreign country and making it my home, without learning about all the proper laws, and their native language.
One of the funniest things I ever saw was a Chinese guy and an East Indian guy arguing about something in English. Both had really thick accents and it was hard enough for ME to understand what they were both saying. They just kept getting louder and louder, because neither could make sense of what the other was shouting, until the Chinese guy finally stormed out.
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Old 02-03-2013, 01:17 PM   #32
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Hmmm, wasn't there a thread here about that?? That sounds really familiar...
i think someone might have posted a similar story in the past and i probably posted what i told you to that. i remember sharing this story before a couple years back
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Old 02-03-2013, 01:22 PM   #33
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Old 02-03-2013, 01:46 PM   #34
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doesnt matter who it is no tolerance.
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Old 02-03-2013, 01:48 PM   #35
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who ever "thanked" him on that post should get a warning as well. lol
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Old 02-03-2013, 03:15 PM   #36
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Gotten the letter before and never even had to set foot in the lawyers office. My accident wasn't a rear ender though but I had right of way and fault was pegged at 75/25 on the other driver (I didn't dispute further because my insurance wasn't going to be affected) but they ended up trying to sue me anyway and it got settled out of court.
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Old 02-03-2013, 03:40 PM   #37
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who ever "thanked" him on that post should get a warning as well. lol
U mad, bro?

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Old 02-03-2013, 06:45 PM   #38
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U mad, bro?

you're right. free speech.
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Old 02-03-2013, 06:52 PM   #39
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U mad, bro?

No, but you probably are now that you're banned.
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Old 02-03-2013, 07:31 PM   #40
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As long as the settlement amount is not more than his 3rd party liability (min $1M), ICBC will pay for it. He just has to testify to give evidence. If ICBC is taking the other party to court, it means that they do not want to settle with them. If the accident was minor, I can see why ICBC is taking a person fraudulently claiming injuries to court. Your friend should come back to testify or call ICBC to see how it can be dealt with.
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Old 02-03-2013, 07:54 PM   #41
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BC civil trials are held in BC Supreme court. I testify there as an expert witness. He has been served to appear and he should deal with it. Not doing so could come back to haunt him later in life.

BC guy who won a Superbowl expense paid prize package got as far as Toronto airport when his 1980 drug possession conviction got him bounced out of the US. He may want to come back to Canada sometime before he dies. He may be able to testify by video link from China. Contact whoever served him to find out.
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Old 02-03-2013, 08:39 PM   #42
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They will investigate it by taking both side of the story. They will also compare the damages on the car, if it's minor I wouldn't worry about it eh. So many of my friends plus myself were sued but in the end it went no where due to the evidence provided.
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Old 02-03-2013, 11:03 PM   #43
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How did they contact him in China?

Doesn't the summons need to be delivered in person?

If it was sent to his previous residence here, maybe the person who received it should say he is estranged in China, and no one knows how to contact him.

Then forget about it until next time back in Canada. It's not like an Interpol warrant will be issued for some ICBC civil matter. When he does try to get a license or insurance in the future in BC (perhaps Canada?), it would be a problem however. Coming here, driving on a international license, etc. Should be fine.

I would say call ICBC and sort it out like a man - but unfortunately no one at ICBC would or could reciprocate that quality.

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Old 02-04-2013, 06:03 AM   #44
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BC civil trials are held in BC Supreme court. I testify there as an expert witness. He has been served to appear and he should deal with it. Not doing so could come back to haunt him later in life.
What's your area of expertise?
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Old 02-04-2013, 06:35 AM   #45
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Old 02-04-2013, 06:40 AM   #46
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[QUOTE=Hurricane;8150691]How did they contact him in China?

Doesn't the summons need to be delivered in person?

If it was sent to his previous residence here, maybe the person who received it should say he is estranged in China, and no one knows how to contact him


Don't even think of doing that....


.
139. (1) Every one who wilfully attempts in any manner to obstruct, pervert or defeat the course of justice in a judicial proceeding,

(a) by indemnifying or agreeing to indemnify a surety, in any way and either in whole or in part, or

(b) where he is a surety, by accepting or agreeing to accept a fee or any form of indemnity whether in whole or in part from or in respect of a person who is released or is to be released from custody,

is guilty of

(c) an indictable offence and is liable to imprisonment for a term not exceeding two years, or

(d) an offence punishable on summary conviction.

Idem

(2) Every one who wilfully attempts in any manner other than a manner described in subsection (1) to obstruct, pervert or defeat the course of justice is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.
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Old 02-04-2013, 07:19 AM   #47
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[quote=zulutango;8150820]
Quote:
Originally Posted by Hurricane View Post
How did they contact him in China?

Doesn't the summons need to be delivered in person?

If it was sent to his previous residence here, maybe the person who received it should say he is estranged in China, and no one knows how to contact him


Don't even think of doing that....


.
139. (1) Every one who wilfully attempts in any manner to obstruct, pervert or defeat the course of justice in a judicial proceeding,

(a) by indemnifying or agreeing to indemnify a surety, in any way and either in whole or in part, or

(b) where he is a surety, by accepting or agreeing to accept a fee or any form of indemnity whether in whole or in part from or in respect of a person who is released or is to be released from custody,

is guilty of

(c) an indictable offence and is liable to imprisonment for a term not exceeding two years, or

(d) an offence punishable on summary conviction.

Idem

(2) Every one who wilfully attempts in any manner other than a manner described in subsection (1) to obstruct, pervert or defeat the course of justice is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.
he can only be charged with obstruction of justice if he actually does know how to contact him. if he literally doesn't know then they can't charge him/her
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Old 02-04-2013, 08:45 AM   #48
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lol was dukes looking to get banned?

or someone took his phone?
Ya that comment was unlike dukes.
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Old 02-04-2013, 01:15 PM   #49
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[quote=iKayChow;8150829]
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he can only be charged with obstruction of justice if he actually does know how to contact him. if he literally doesn't know then they can't charge him/her
To quote your post...maybe the person who received it should say he is estranged in China, and no one knows how to contact him


lying would be obstruction...and that is what the post is insinuating..."should say"
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Old 02-05-2013, 06:59 AM   #50
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How did they contact him in China?

Doesn't the summons need to be delivered in person?

If it was sent to his previous residence here, maybe the person who received it should say he is estranged in China, and no one knows how to contact him.

Then forget about it until next time back in Canada. It's not like an Interpol warrant will be issued for some ICBC civil matter. When he does try to get a license or insurance in the future in BC (perhaps Canada?), it would be a problem however. Coming here, driving on a international license, etc. Should be fine.

I would say call ICBC and sort it out like a man - but unfortunately no one at ICBC would or could reciprocate that quality.

It was sent to his previous address and his old roommate had his contact and forwarded him the letter.
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