ICBC injury question...

[xXSupa]

As others have said, sue only if the injuries are REAL and affect your daily activities long term. Good luck, as it will most likely be a long process.

It's been over 17 months since my mom's accident. Case is still open with ICBC, no fault has been assigned, and we are paying +10% per year for insurance (My mom had 43% discount before, so that's a difference of 53%). Pretty stupid how things work, but we're probably gonna have to wait till 24 months before they can close the case and reimburse for financial & physical damage. Probably won't be much since they are likely to assign 50/50 fault due to lack of evidence.

[J-Chow]

I got a wicked lawyer you could call.

[punkwax]

See a doctor if you're really in pain. ICBC will follow up with a phone call to see how you are. Tell them you were sore afterward and have or are considering seeing a doctor (if you really are). They will offer you a settlement. If you don't think it's fair because you're in discomfort, consider a lawyer.

My advice: If you're not in a lot of pain, don't get greedy. Not saying thats your personality, but I cannot stand idiots who think an accident is a get rich quick scheme.

I got rearended, over 2k accident as well, experienced head ache/back pain and got around 2k from ICBC.. can't remember exact amount as this was around a decade ago. Sometimes when I get a stiff upper back/shoulder blades I wonder if it was from that.. I never used to. That said, I was in my early 20's and a lot more resilient than I am today, so who knows.

[iwantaskyline]

Originally Posted by punkwax

See a doctor if you're really in pain. ICBC will follow up with a phone call to see how you are. Tell them you were sore afterward and have or are considering seeing a doctor (if you really are). They will offer you a settlement. If you don't think it's fair because you're in discomfort, consider a lawyer.

My advice: If you're not in a lot of pain, don't get greedy. Not saying thats your personality, but I cannot stand idiots who think an accident is a get rich quick scheme.

I got rearended, over 2k accident as well, experienced head ache/back pain and got around 2k from ICBC.. can't remember exact amount as this was around a decade ago. Sometimes when I get a stiff upper back/shoulder blades I wonder if it was from that.. I never used to. That said, I was in my early 20's and a lot more resilient than I am today, so who knows.

Thanks for the information. Yeah my neck has been sore the last two days with headaches here and there. I'm seeing a DR tomorrow. ICBC has already advised me they will pay for all RMT/physio services.

My bodyshop called and said the estimate is 3.6k lol.

[meme405]

Originally Posted by iwantaskyline

Thanks for the information. Yeah my neck has been sore the last two days with headaches here and there. I'm seeing a DR tomorrow. ICBC has already advised me they will pay for all RMT/physio services.

My bodyshop called and said the estimate is 3.6k lol.

Yeah okay, 3.6k is still literally nothing, that's like a new rear bumper and re-spray the panel.

How fast were you hit? Like 20?

My truck got hit in stop and go traffic and I had 2.5k worth of damage, the guy behind me was going maybe 10km/h.

Did you hit your head on something? why do you have headaches?

Feel free to go see a doctor, but keep in mind ICBC ain't dumb, they have started basing settlements on the damage to the vehicle because too many pussies were whining about BS non-symptoms like headaches, when they didn't even hit their head on anything.

[punkwax]

Judgemental much meme405? How about trying to not come across like a condescending prick here. Your post is pretty accusatory.

Personally, I got hit at a red light, complete stop, when I was in my EL by a big truck. He wasn't paying attention but hit his brakes in time that it wasn't full force. I cannot estimate how fast he was traveling. I was looking in my rearview mirror, tensed up because I saw him coming and even though it wasn't a horrific accident, I did get a headache and my back/shoulders did get sore. Minor whiplash perhaps.

You can still get minor pain from a minor accident. No need to be the ICBC white knight here. He's asking a legit question.

[Tone Loc]

Originally Posted by meme405

Yeah okay, 3.6k is still literally nothing, that's like a new rear bumper and re-spray the panel.

How fast were you hit? Like 20?

My truck got hit in stop and go traffic and I had 2.5k worth of damage, the guy behind me was going maybe 10km/h.

Did you hit your head on something? why do you have headaches?

Feel free to go see a doctor, but keep in mind ICBC ain't dumb, they have started basing settlements on the damage to the vehicle because too many pussies were whining about BS non-symptoms like headaches, when they didn't even hit their head on anything.

You gotta relax man, I know there are shitty people out there who make fraudulent claims but there's no need to go on a tangent vilifying people when you don't know the circumstances of the accident. Are you a doctor, a physician, chiropractor, or lawyer? If you aren't, maybe you should take a less accusatory tone.

When I was rear ended by an SUV in my 2004 Civic, it cost about $4500 of damage, which is small as far as newer cars go... that being said, ICBC told me and my GF to go see a doctor because she was thrown into the seatbelt which then locked. She felt neck and upper back pain, and I didn't. She is about 5'2 100 lbs so she was more affected than me, who honestly felt fine but that's probably because I'm 6'2 220 lbs. I was also holding the steering wheel, which held me in place instead of letting me be thrown forward. She was in pain, and I wasn't. In the same car, same collision, with a seating position difference of about 2 feet.

My point? Different people react to "small" or "large" collisions differently. That's why the injury claims process is there. It sucks, but it's a fact of humanity that every good service will be abused by greedy sacks of shit. There's no need, however, to automatically (and wrongly) assume all people using said service are simply trying to game the system...

P.S. If you are in a truck, which I assume to be a larger, heavier vehicle, no shit you will feel a substantially less collision force than you would driving a little econobox. Partly why I drive a 4runner... So of course you didn't feel anything, irrespective of the cost of damage.

[iwantaskyline]

This is hilarious. I got rear ended and have legit symptoms of pain and asking injury questions regarding ICBC and people are flaming me hahaha!

[meme405]

Originally Posted by punkwax

He's asking a legit question.

Fair enough bit harsh, just saying 3.6k to a brand new vehicle is a pretty minor accident.

As for the question being "legit", nobody in this thread has given any earth shattering information which wouldn't have been explained to you by your adjuster.

Go see your doctor, get healthy, come back to us and settle.

That's it, thats the process.

This is not a program designed to prepare you to go to outerspace, the goal is to get you back to full health, and pay you for any damages from that period. They give you all the forms you need, and they tell you exactly what to do, better than anyone on this thread could tell you.

Originally Posted by FunkyColdMedina

P.S. If you are in a truck, which I assume to be a larger, heavier vehicle, no shit you will feel a substantially less collision force than you would driving a little econobox. Partly why I drive a 4runner... So of course you didn't feel anything, irrespective of the cost of damage.

My point was how little force it takes to rack up 3600 worth of damage. My truck was 10 years old by that point, OP is talking about a brand spanking new vehicle.

Seriously OP answer the question what is the estimate for how quick the car was travelling when he hit you?

[iwantaskyline]

^
Estimate they emailed me does not say how fast, just the repair costs. I am no rocket scientist but I am sure it was over 10km/hr with the way my neck snapped forward.

Anyways like I've said I've been rear ended twice before this, never considered a injury claim until this one. Also FYI, neck pain can cause headaches -- it is not uncommon.

[meme405]

Originally Posted by iwantaskyline

^
Estimate they emailed me does not say how fast, just the repair costs. I am no rocket scientist but I am sure it was over 10km/hr with the way my neck snapped forward.

Anyways like I've said I've been rear ended twice before this, never considered a injury claim until this one. Also FYI, neck pain can cause headaches -- it is not uncommon.

Fair enough, didn't mean to be so judgemental before, it's late just grumpy I guess. Sorry.

Get healthy, ICBC isn't hard to deal with, the adjuster will send you the forms, just fill them out, make sure you go to your appointments and do as your doctor says to get better.

Keep in mind sooner or later you will have to give your statement of events, and chances are they will ask you how fast he was going, even if you say you have no idea, they will ask you to estimate, even if its just something as vague as >25, or <25 or whatever. So be prepared to answer their questions.

Feel better.

[RiceIntegraRS]

3.6K damage isn't really much but thats the rear of the car. They are built stronger and are made to withstand huge impact. also im assuming Icbc only did the first supplement on the car so when they take the bumper off ect. there gonna find more damage to the rear. I wonder how much damage the other car had then that would paint the picture of how big the accident was.

Anyways I know of soo many people with back problems caused by accidents who weren't fairly compensated. How much is pain free life worth to u? I know a lot of people would pay a lot of money to have there pre accident lives back. Back problems are probably the most trickiest injuries to evaluate. So take your time with it and make sure ur healthy before you settle.

A month of discomfort will fetch u about 1k-2k in compensation from ICBc if u don't miss work. Goodluck

[smoothie.]

Originally Posted by iwantaskyline

^
Estimate they emailed me does not say how fast, just the repair costs. I am no rocket scientist but I am sure it was over 10km/hr with the way my neck snapped forward.

Anyways like I've said I've been rear ended twice before this, never considered a injury claim until this one. Also FYI, neck pain can cause headaches -- it is not uncommon.

Unless the previous accidents caused injuries which were documented, I believe they would treat this as a first time injury, which will definitely not help your case.

[Majestic12]

A lot of armchair lawyers in this thread.

Originally Posted by SoNaRWaVe

my claim is still open and it is already coming up to 2 years which is the amount of time you get to settle your claim...

this is gonna suck

You have two years to START the claim, not two years to settle it. Once it starts, it can (hypothetically) go on indefinitely. But if the claim stagnates, then the Defendant can apply to dismiss the case for what's called 'want of prosecution'. Effectively, it means that the case is dragging on too long for no good reason. It doesn't happen often.



Also, all the people in this thread that are saying that no vehicle damage = no injury are full of shit.

"[175] There is no legal principle that holds that if a collision is not severely violent or if there is no significant damage to a motor vehicle, the individual seated within that vehicle at the time of the impact cannot have sustained injuries. The authorities clearly establish that, while the lack of vehicle damage may be a relevant consideration, the extent of the injuries suffered by a plaintiff is not to be measured by the severity of the force in a collision or the degree of the vehicle’s damage. Rather, the existence and extent of a plaintiff’s injuries is to be determined on the basis of the evidentiary record at trial: see Gordon v. Palmer (1993), 78 B.C.L.R. (2d) 236."

Midgley v. Nguyen et al, 2013 BCSC 693. Link

[van_city23]

Originally Posted by Majestic12

A lot of armchair lawyers in this thread.



You have two years to START the claim, not two years to settle it. Once it starts, it can (hypothetically) go on indefinitely. But if the claim stagnates, then the Defendant can apply to dismiss the case for what's called 'want of prosecution'. Effectively, it means that the case is dragging on too long for no good reason. It doesn't happen often.

Yes, a lot of incorrect information in this thread. From what I can recall, the 2 years to bring a claim is you filing a civil claim in court, not with ICBC. Once the 2 years are up and you don't file a civil claim, ICBC can essentially offer you whatever they want and you won't be able to sue them. It's common sense, ICBC's job is to pay the least amount of money possible and they'll do it which ever way they can. If they can sweet talk you into settlement talks and all that and they 2 year mark of the date of your accident passes, they'll low ball you.
For person injury, if you're injured, in pain, doc says pain may last and you're losing income because of the symptoms from the accident, talk to a lawyer. It's free to talk to one. If it's nothing serious and you think the ICBC settlement offer is reasonable, take it and move on. Otherwise keep in mind that to sue for what you think is reasonable, you must do it within the limitation period.

[SoNaRWaVe]

whats the definition of a stagnate claim?

[inv4zn]

Originally Posted by xXSupa

As others have said, sue only if the injuries are REAL and affect your daily activities long term. Good luck, as it will most likely be a long process.

It's been over 17 months since my mom's accident. Case is still open with ICBC, no fault has been assigned, and we are paying +10% per year for insurance (My mom had 43% discount before, so that's a difference of 53%). Pretty stupid how things work, but we're probably gonna have to wait till 24 months before they can close the case and reimburse for financial & physical damage. Probably won't be much since they are likely to assign 50/50 fault due to lack of evidence.

How does that work?

At the lowest 43% discount on the CRS, a single at fault accident will put you at 25%.

How did she jump 10 scales??

I'm not saying you're a liar, but I'm curious as to why that happened.

/offtopic.

[Majestic12]

Originally Posted by SoNaRWaVe

whats the definition of a stagnate claim?

Months/years pass by with nothing being done on the claim. It just sits there.