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Getting sued over car accident
!Nhan
03-25-2009, 11:25 AM
So two years ago I was in a car accident. My adjustor told me that the other person was at fault and liable and I was paid out for my missed work and any physio I took. He also told me that case was closed and if I had any injuries later on related to the accident there was nothing I could do because it was closed. Now today I recieved a letter in the mail stating that I am being sued about the accident.
Now my question, is can the other party sue me? It's been almost two years and the case is closed to my understanding. This isn't a letter from a legal office or a lawyer, it's a letter from ICBC.
Can he sue me? cuz this is fucking ridiculous.:2finger::banghead:
hk20000
03-25-2009, 11:29 AM
If ICBC is suing you they are probably thinking your missed work payout was not justified or something.....Not the other party. If the other party sues you I think there will be a lawyer's letter instead.
GL.
Presto
03-25-2009, 11:33 AM
You can sue for anything. It doesn't mean you'll win, though.
!Nhan
03-25-2009, 11:48 AM
Just got off the phone with my adjuster, he said that it could be any passengers that were injured in the car accident. There was one guy, in the other guys car who had his head go through the window cuz he didn't have his seatbelt on. Might be him who's sueing me which is dumb cuz he wasn't wearing seatbelt.
clowe
03-25-2009, 11:50 AM
Getting sued over an accident that you weren't even at fault?? :eek:
q0192837465
03-25-2009, 12:01 PM
the judge will most likely dismiss the case if the evidence isnt strong enough
Graeme S
03-25-2009, 12:07 PM
IIRC, they have to name all parties related to the incident, regardless of fault etc so that they can get you to testify or some shit.
BNR32_Coupe
03-25-2009, 12:07 PM
he should be suing the driver of the car he was in.
!Nhan
03-25-2009, 12:16 PM
IIRC, they have to name all parties related to the incident, regardless of fault etc so that they can get you to testify or some shit.
Yes that is what he said. Pretty stupid tho.
Getting sued over an accident that you weren't even at fault?? :eek:
I know. It's such a waste of time it's ridiculous.
he should be suing the driver of the car he was in.
That's what I figured too.
racerman88
03-25-2009, 12:25 PM
so did you give the letter over to your adjuster at ICBC to let them take care of it?
!Nhan
03-25-2009, 12:33 PM
so did you give the letter over to your adjuster at ICBC to let them take care of it?
Gonna fax it over to him later today. Don't have a fax machine at home.
Eastwood
03-25-2009, 03:19 PM
Explain the accident, what happened. How is he at fault?
lilaznviper
03-25-2009, 03:21 PM
if it goes to court and he loses sue him for wasted time and money you spent on it hah
Orion
03-25-2009, 03:30 PM
this whole thing sounds like a waste of time... too bad you couldn't just skip it like math class at 8 am
!Nhan
03-25-2009, 04:48 PM
Explain the accident, what happened. How is he at fault?
I was heading east bound on Broadway around 2:30 am. I ran a yellow because I couldn't stop and the guy who was going south bound on Main ran a SOLID red light and I T-boned his car. My car spun onto the other side of the road and his car got pushed a couple lanes over. He had three passengers and I had my ex-gf with me. His passenger in the back seat smashed his head into the window. His face was pretty bloody and the two in the front seats were okay.
if it goes to court and he loses sue him for wasted time and money you spent on it hah
LOL I can't sue for wasted time? And I don't have to spend a single dime on this because I'm covered from ICBC, unless apparently he wins and the amount is more than my coverage. I doubt that's the case because he'd have to be sueing for over 2 milll.
this whole thing sounds like a waste of time... too bad you couldn't just skip it like math class at 8 am
lol reminds me of grade 12 lol skipping first block everyday. it's such a waste of time and a big headache.
If ICBC deemed you not at fault and closed the case, you should have no problem. ICBC will go to bat for you.
that's what insurance is for.
curious though, did they name you specifically as the defendent or in conjunction with ICBC?
!Nhan
03-25-2009, 06:11 PM
If ICBC deemed you not at fault and closed the case, you should have no problem. ICBC will go to bat for you.
that's what insurance is for.
curious though, did they name you specifically as the defendent or in conjunction with ICBC?
I have been named as the Defendant.
68style
03-25-2009, 08:03 PM
That's how it works, if someone sues after the fact, they sue everybody and they try to re-open the case to prove you were at least partially at fault so that if that does happen they have someone else to get money from.
I was in an accident nearly 2 years ago too... and the other driver was found 100% at fault... now just recently I got a letter saying he is sueing me because he couldn't claim for all these injuries (ridiculous things, he says the accident made him gain weight and letter also says the brakes on my car were faulty and I may have been drunk or on drugs at time of accident) so he is trying in desperation to get me held at least partly responsible so he can make a claim against ICBC (and, subsequently, against my comprehensive) for a payout.
It's just people trying to milk the cow. So long as ICBC maintains you're not at fault, they will get shit from you... and they will sic their lawyers on the guy like crazy because they don't want to pay out.
quasi
03-25-2009, 09:40 PM
I got the samething for an accident I was involved in about a dozen years ago, I think it's fairly standard. I didn't have to do anything ICBC took care of it but I was served the papers non the less. Thats why you pay insurance don't worry about it.
same thing happened to my sister. she talked to ICBC and they handled it. i'm sure the guy that's trying to sue you will have a fun time dealing with ICBC lawyers :thumbsup:
Mugen EvOlutioN
03-26-2009, 07:00 AM
how the fuck can u get sued when u aint even at fault??
somebody explain
fucking lame
distanc3
03-26-2009, 09:55 AM
if you're getting ICBC to handle this, watch what you're signing. ICBC's a BITCH when it comes to papers.
but if you're not at fault, hell go along with it because judge most likely dismiss the case.
and as stated above, the person should be sue-ing the driver(his friend) because he was at fault not you.
GL
gen5accordv6
03-07-2012, 12:22 PM
My friend just got a letter from a law firm stating that she is being sued for a car accident happened in 2010. ICBC deemed that my friend is at 20% fault for the accident. Since there is a 20% fault, what is the implications? My friend is very worried so any experience or advises that can help are appriecated.
dangonay
03-07-2012, 06:27 PM
how the fuck can u get sued when u aint even at fault??
somebody explain
fucking lame
What ICBC does for their investigation to determine who's at fault is not always as in-depth as what might be done in a court case.
Sort of like a criminal vs civil trial. A person could be found not-guilty of a crime in a criminal trial, but could still be held financially responsible in a civiil trial. This is because the standards for a criminal trial are higher than a civil trial.
How many times have we heard of people get into an accident and the consensus is the other party should be at fault, but ICBC still puts it at 50:50 (or some other split)? Unless there's a lot of money involved (serious accident, significant injuries or death), ICBC is not going to do an expensive investigation to determine exactly who the fault lies with. So they make an educated guess.
The person suing is probably betting that ICBC might have made a mistake in assigning blame 100% on the other party and is going to go to court to see if they can get some extra cash.
And people wonder why our premiums are so high - it's assholes who think getting in an accident is like winning the lottery.
dangonay
03-07-2012, 06:34 PM
My friend just got a letter from a law firm stating that she is being sued for a car accident happened in 2010. ICBC deemed that my friend is at 20% fault for the accident. Since there is a 20% fault, what is the implications? My friend is very worried so any experience or advises that can help are appriecated.
She has to go see a lawyer. Don't screw around with this and think you can get advice from friends or online. Spend the $500 to sit down with a lawyer and have them go over things with you.
Is she properly insured? ICBC would be the one paying out any money from a decision, so ICBC would be going to bat for you in court. If she's not properly insured, then she has good reason to worry.
^ Assuming that she carries proper liability insurance, would you not just let ICBC handle it completely? Why would you need to consult your own lawyer and have to pay out of your own pocket when that is what the insurance premium should cover?
Akura
03-14-2013, 05:12 PM
Sorry for resurrecting an OLD thread, this is the closest I could find to my case with ICBC.
Incident: January (mid), 2013
Location: Kingsway & 12th
Time: Morning
Just to give a little background to the case, it was slippery/icy road that we had at the time, and it was during rush hour heading west (downtown) that incident happened. I had been cruising on the far right lane and just before the intersection (red stop light) I saw this lady in centre lane having difficulty in braking, suddenly changed lanes and cut me off, which - as you might have guessed - a collision.
We both went to ICBC (separately) and I provided HD video recording after the incident, and a rep decided it was 100% her fault, confirming via telephone and I thanked her via telephone + email (still have records). Case closed and our family moved on, now an ICBC Special Investigations Agent starts harassing us by calling home, cellphones, and even come to our workplaces, saying that case is not completed.
I have deleted all pictures and HD recordings because the case was closed, now ICBC seems to not standing by their own decision. Not only that, it has caused us a lot of stress and problems with colleagues.
Questions:
- What are my rights in this case?
- What are the chances ICBC overturned their own decision?
- How much would hiring a lawyer cost to defend myself, and to sue for all these problems they have caused our family?
ANY HELP APPRECIATED! THANK YOU
Eff-1
03-14-2013, 08:41 PM
what exactly is special investigations trying to accuse you of? what did they say to you? have you received any follow up letters in the mail regarding this claim?
I would be concerned with ICBC SIU gets involved. it could mean ICBC is investigating you of some sort of fraud, which could lead to ICBC declaring your coverage void with respect to the accident. yes they can probably do that even if they have already said you were not at fault. sounds like it might be two separate things going on.
Akura
03-14-2013, 09:44 PM
They're not accusing us of anything, but the case had been concluded, finalized, DONE. I even sent a letter showing gratitude thanking them for what they have done for us. I have heard way too many stories about ICBC ripping off its own clients I will stand my ground even if it means hiring a lawyer and fighting this at the court.
Eff-1
03-14-2013, 09:49 PM
If SIU is harassing your family, there has to be a reason for it. Sounds like they are accusing you or something. The main point of SIU is for fraud investigations.
Akura
03-14-2013, 09:53 PM
^ I see. Thanks so much for your info. Would appreciate if anyone else with similar experience could share.
From the sounds of it, you've made no communication with ICBC since they reinitiated you. They've left messages and whatnot informing you that there is still something to discuss regarding the incident/claim.
Perhaps you should talk with them to find out exactly what is going on instead of just speculating that they are trying to screw you? Avoiding them isn't the answer, they or their legal team will get a hold of you eventually, and they may be able to use your avoiding them against you in the future. And you can't take any legal action against ICBC when you don't know what the issue actually is.
jtanner_
03-15-2013, 08:27 AM
I got a notice of civil claim in the mail the other day for an accident I was involved in in 2011... I called ICBC regarding my next steps and they honestly told me to treat it like a 'hot potato' and pass off my paperwork to them, and that they would deal with it accordingly.
Honestly ruined my day when I came home to the letter...
dared3vil0
03-15-2013, 09:05 AM
^ That's the beauty of insurance, Lawsuit? They step up to the plate for you.
freakshow
03-15-2013, 10:04 AM
So you haven't actually talked to ICBC yet? They must have given you a reason for calling.. they couldn't have called, said the case isn't completed, then hung up..
Akura
03-15-2013, 04:40 PM
Obviously we've all been ripped off by ICBC in one way or another, but this time they've crossed the line. So far I've been dealing with 3 rep's via email & telephone, now 4 including the investigator. I'm not saying anything here, but you can judge how professional they are.
Anyhow, meeting the agent Monday morning to solve this headache. In the meantime I'd appreciate advise/input from those familiar and/or has experienced the same issue with ICBC. Thanks.
MindBomber
03-15-2013, 05:34 PM
Obviously we've all been ripped off by ICBC in one way or another, but this time they've crossed the line. So far I've been dealing with 3 rep's via email & telephone, now 4 including the investigator. I'm not saying anything here, but you can judge how professional they are.
Anyhow, meeting the agent Monday morning to solve this headache. In the meantime I'd appreciate advise/input from those familiar and/or has experienced the same issue with ICBC. Thanks.
Personally, I've never received less than exemplary service from ICBC.
Speaking to multiple reps is not unreasonable, nor is an investigation.
In case you're unaware, ICBC receives thousands of fraudulent claims annually. It's therefore necessary for ICBC to conduct investigations to protect itself, and by extension you, as a consumer and stakeholder. The corporation isn't at fault, it's your fellow less-than-honest British Columbians.
You've given vague descriptions of the lack of professionalism, which are inadequate to draw any conclusions, and you've not stated the reason for the investigation, which makes it impossible to offer worthwhile advice on how to respond.
Akura
03-15-2013, 07:17 PM
Personally, I've never received less than exemplary service from ICBC.
Speaking to multiple reps is not unreasonable, nor is an investigation.
In case you're unaware, ICBC receives thousands of fraudulent claims annually. It's therefore necessary for ICBC to conduct investigations to protect itself, and by extension you, as a consumer and stakeholder. The corporation isn't at fault, it's your fellow less-than-honest British Columbians.
You've given vague descriptions of the lack of professionalism, which are inadequate to draw any conclusions, and you've not stated the reason for the investigation, which makes it impossible to offer worthwhile advice on how to respond.
Thank you, sir. Comment appreciated.
Don't get me wrong, I'm at 40% discount bracket now and I've been very grateful for the services that ICBC provides its clients. It also shows what kind of a driver I am all these years without a single incident. I am aware and fully understand ICBC's mandate as a crown corporation to use all in its powers to protect British Columbians.
My vague description is not vague at all; when you need help from someone of more power, you expect or at least HOPE to get assistance to solve your misery, not transferred from one rep to another, asking and repeating questions over and again. Finally, someone made a decision on behalf of the corporation and that same person questioned her own judgment. If you were a judge on a trial and a case was presented before you, you would make a decision at a given time, based on the evidences provided, to the best of your knowledge and abilities.
I guess my point is, I don't need anyone here to play blame and do finger pointing. I came humbly before you guys, admitting that I need help, hoping that I'd get useful input. If not then fine, life goes on :okay:
Nobody can help you because nobody knows what the situation you are actually dealing with is. Come back and post after you find out, maybe we can be more helpful then.
Akura
03-15-2013, 11:47 PM
Thanks, gentlemen. Will update soon.
I got a notice of civil claim in the mail the other day for an accident I was involved in in 2011... I called ICBC regarding my next steps and they honestly told me to treat it like a 'hot potato' and pass off my paperwork to them, and that they would deal with it accordingly.
Honestly ruined my day when I came home to the letter...
Don't worry, same boat as ya, I had this fucktard wait outside my dam house at 2am on chinese new years to serve me my civil claim.... Ruined the start of a new year for me sigh, extra stress etc etc
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