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-   -   My friend got sued for rear ending someone (https://www.revscene.net/forums/679974-my-friend-got-sued-rear-ending-someone.html)

Boostaholic 02-02-2013 08:36 PM

My friend got sued for rear ending someone
 
A friend of mine asked me to get some advice for him for what he can do.

He rear ended someone in Oct 2009. He had only been in Canada for 3 years then and his English was not very good. The ICBC representative who called my friend had a deep accent that he could not understand. He heard something along the line of "are you willing to pay for all the vehicle damages and health claims for the other party", and he said "No".

The rear end was very minor and he thought he thought he was getting scammed for the other person claiming health or something. He just wanted to get ICBC to pay for the repair of the bumper, but maybe there was some miscommunication in that ICBC just paid the other guy nothing.

Then he forgot about the incident and in Feb 2012 he got a letter telling him he has a court date on April 2013 at the Supreme Court. He has now moved back to China and he contacted me yesterday asking what he should do. He hope to settle this out of court and just get this over with as cheap as possible.

Any advice or similar experiences?

ShanghaiKid 02-02-2013 08:55 PM

Quote:

Originally Posted by Boostaholic (Post 8149702)
He has now moved back to China

:fuckthatshit:

"sue me now bitch"

GabAlmighty 02-02-2013 09:24 PM

Pretty much what ShanghaiKid said.

AW607 02-02-2013 09:25 PM

I'm not sure what the likelihood is of ICBC pulling your friend back from China just to be in court... My guess is zero haha :fuckthatshit:

knight604 02-02-2013 09:33 PM

good read.

swfk 02-02-2013 09:36 PM

Does your friend want to come back to Canada

Excelsis 02-02-2013 09:45 PM

your friend is probably like



:ilied:

Boostaholic 02-02-2013 10:10 PM

My friend is giving up his permanent residence status because he's got a good job now in Shanghai making more than what he was making in Vancouver. But he said he would rather deal with it the right way.

What would be the implications if he just ignore it? Will he be arrested if he come to Canada again?

What would be the right way to deal with this?

El Bastardo 02-02-2013 10:12 PM

Quote:

Originally Posted by Boostaholic (Post 8149702)
He has now moved back to China and he contacted me yesterday asking what he should do. He hope to settle this out of court and just get this over with as cheap as possible.


So your friend hit someone with his car and fled to China. Someone is here with a damaged car and possible medical problems as a result of an accident he was involved in.

It sounds like he knew what he was doing and now hes gotten away with it, as cheaply as possible.


I'm sick of people treating Canada like a playground where there are no consequences.

bcrdukes 02-02-2013 10:16 PM

Ewwww...dirty Chinks.
Posted via RS Mobile

USER WAS BANNED FOR THIS POST

ruthless 02-02-2013 10:21 PM

Quote:

Originally Posted by Boostaholic (Post 8149702)
A friend of mine asked me to get some advice for him for what he can do.

He rear ended someone in Oct 2009. He had only been in Canada for 3 years then and his English was not very good. The ICBC representative who called my friend had a deep accent that he could not understand. He heard something along the line of "are you willing to pay for all the vehicle damages and health claims for the other party", and he said "No".

The rear end was very minor and he thought he thought he was getting scammed for the other person claiming health or something. He just wanted to get ICBC to pay for the repair of the bumper, but maybe there was some miscommunication in that ICBC just paid the other guy nothing.

Then he forgot about the incident and in Feb 2012 he got a letter telling him he has a court date on April 2013 at the Supreme Court. He has now moved back to China and he contacted me yesterday asking what he should do. He hope to settle this out of court and just get this over with as cheap as possible.

Any advice or similar experiences?

Quote:

Originally Posted by Boostaholic (Post 8149759)
My friend is giving up his permanent residence status because he's got a good job now in Shanghai making more than what he was making in Vancouver. But he said he would rather deal with it the right way.

What would be the implications if he just ignore it? Will he be arrested if he come to Canada again?

What would be the right way to deal with this?

If your friend had valid insurance while driving here in Canada then ICBC will appoint a lawyer on his behalf to represent him. He should not have to pay any injury claims/damages out of his pocket if his insurance policy covers him.

The other party is sueing him but ICBC will represent him in court and he may or may not have to give a statement to the lawyer, and/or cooperate with the lawyer. He might have to go to court but usually ICBC will settle out of court with the client/injured party/etc. and he will not have to go to court. There is the small possibility he may have to attend court and give a statement. He should receive a letter in the mail from ICBC in regards to this situation with a phone number on it for the lawyer.

We at Ruthless & Associates Inc. would recommend he call ICBC and let them know of the situation. I would speak to the adjuster who was handling his case and let them know what happened. Regardless, the adjuster/ICBC should/will receive the same court order. They should be in contact shortly, but it would be in his best interests to get a hold of them as soon as possible.

If you have any more questions feel free to ask our team at Ruthless & Associates Inc.

Yours Truly

NLY 02-02-2013 10:25 PM

Quote:

Originally Posted by bcrdukes (Post 8149762)
Ewwww...dirty Chinks.
Posted via RS Mobile

necessary?

Graeme S 02-02-2013 10:29 PM

Indeed not. Which is why he was banned.

asian_XL 02-02-2013 10:36 PM

A several of my friends who got into car accidents 10 yrs ago and had no choice but fled back to Hong Kong and Vietnam. If your friend is in China, it's even more difficult for ICBC to bring his ass back unless he is willing to do so. I would suggest your friend to hire a legal rep in Canada to attend the court and keep his ass clean in China.

Sky_High 02-02-2013 10:39 PM

Quote:

Originally Posted by Graeme S (Post 8149773)
Indeed not. Which is why he was banned.

Hope he's gone for good :troll:


Anyways, back on topic:
@OP, how long ago did your friend moved back to China?
Has ICBC (or other parties) tried to contract your friend anytime from the first mail in February 2012, till now?

Excelsis 02-02-2013 10:40 PM

LOL dukes banned

Graeme S 02-02-2013 10:43 PM

Seems to me that what's happened is the guy he rear-ended is now suing for extended medical support or what have you. You have two years to file claim, and when you do you have to sue ICBC and the driver who hit you. Generally speaking, unless you hire a private lawyer (expensive) it ends up in the very odd situation of:
ICBC & the guy what got hit
vs
ICBC & the guy what did the hitting.

As long as his insurance was valid and would cover all the damage and medical whatnots, your friend is fine. This is basically him being summoned to attend court to testify on behalf of ICBC against ICBC.

tool001 02-02-2013 10:57 PM

april date in Supreme Court....??? :suspicious:

Graeme S 02-02-2013 10:59 PM

October 2009 incident, 2 years to sue, file in October 2011, +18 months to get a court date....

Sounds about right.

Boostaholic 02-02-2013 11:30 PM

Quote:

Originally Posted by ruthless (Post 8149766)
If your friend had valid insurance while driving here in Canada then ICBC will appoint a lawyer on his behalf to represent him. He should not have to pay any injury claims/damages out of his pocket if his insurance policy covers him.

The other party is sueing him but ICBC will represent him in court and he may or may not have to give a statement to the lawyer, and/or cooperate with the lawyer. He might have to go to court but usually ICBC will settle out of court with the client/injured party/etc. and he will not have to go to court. There is the small possibility he may have to attend court and give a statement. He should receive a letter in the mail from ICBC in regards to this situation with a phone number on it for the lawyer.

We at Ruthless & Associates Inc. would recommend he call ICBC and let them know of the situation. I would speak to the adjuster who was handling his case and let them know what happened. Regardless, the adjuster/ICBC should/will receive the same court order. They should be in contact shortly, but it would be in his best interests to get a hold of them as soon as possible.

If you have any more questions feel free to ask our team at Ruthless & Associates Inc.

Yours Truly

Thanks. The letter he got asked him to go to court to provide evidence. I will contact the the lawyer assigned to him on Monday to get more details.

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?

Since he will no longer live in Canada, ICBC insurance premium won't really matter to him anymore.

He did not "fled" to China because of the incident. He is willing to fly back to attend the court date to deal with this the right way. He just want to minimize the damage and do it the right way and that's why he asked me to help him.

van_city23 02-03-2013 12:49 AM

Quote:

Originally Posted by tool001 (Post 8149796)
april date in Supreme Court....??? :suspicious:

I didn't know these claims go straight to the supreme court

bing 02-03-2013 02:54 AM

Quote:

Originally Posted by van_city23 (Post 8149890)
I didn't know these claims go straight to the supreme court

I think you are confused between Supreme Court of BC and Supreme Court of Canada, the latter being the one that you would need to appeal multiple times to have your case heard.

FerrariEnzo 02-03-2013 03:15 AM

Unless your friend does not plan to come back to Canada, he doesnt have to worry...
If he plans to get his citizenship, then tell him to pay it up and not get on the bad side of the government.

Soundy 02-03-2013 06:52 AM

Quote:

Originally Posted by ruthless (Post 8149766)
If your friend had valid insurance while driving here in Canada then ICBC will appoint a lawyer on his behalf to represent him. He should not have to pay any injury claims/damages out of his pocket if his insurance policy covers him.

The other party is sueing him but ICBC will represent him in court and he may or may not have to give a statement to the lawyer, and/or cooperate with the lawyer. He might have to go to court but usually ICBC will settle out of court with the client/injured party/etc. and he will not have to go to court. There is the small possibility he may have to attend court and give a statement. He should receive a letter in the mail from ICBC in regards to this situation with a phone number on it for the lawyer.

We at Ruthless & Associates Inc. would recommend he call ICBC and let them know of the situation. I would speak to the adjuster who was handling his case and let them know what happened. Regardless, the adjuster/ICBC should/will receive the same court order. They should be in contact shortly, but it would be in his best interests to get a hold of them as soon as possible.

If you have any more questions feel free to ask our team at Ruthless & Associates Inc.

Yours Truly

+1 all this.

Sounds like this other driver may be scamming, if they waited until the last second to file - probably hoping your friend would have forgotten any details that would help in his defense, and would be more willing to pay just to end it.

Could also be that ICBC isn't giving them as much as they want, so as Graeme S says, they're suing both your friend and ICBC.

Worst case scenario, the guy wins his case, and your buddy flips him the bird from the other side of the world.

Majestic12 02-03-2013 08:36 AM

Quote:

Originally Posted by Boostaholic (Post 8149833)
Thanks. The letter he got asked him to go to court to provide evidence. I will contact the the lawyer assigned to him on Monday to get more details.

He shouldn't be able to talk to you about it, unless you are named as your friend's representative.

Quote:

Originally Posted by Soundy (Post 8149964)
+1 all this.

Sounds like this other driver may be scamming, if they waited until the last second to file - probably hoping your friend would have forgotten any details that would help in his defense, and would be more willing to pay just to end it.

Could also be that ICBC isn't giving them as much as they want, so as Graeme S says, they're suing both your friend and ICBC.

That's not really how it works. A large percentage of claims aren't filed until close to or at the two year limitation period. The reason for that is because it costs money to file and run a claim. If it can be settled before then, perfect. You can save the expense of having to file.


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