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A spokesperson for ICBC said it makes every effort to settle cases before they go to trial — last year fewer than one per cent of cases went to court.
“What cases like this demonstrate is how challenging the adversarial system we have today can be when it comes to determining compensation for injuries suffered in a motor vehicle accident, especially when it requires an assessment of the future impact from the accident after the date of the claim settlement,” said Brent Shearer, ICBC media relations.
“When cases go to trial, sometimes the court awards more than what ICBC had offered to settle the claim, and other times the court awards less than what the injured person’s lawyer had been seeking.”
For example, he said in March the company examined 166 trials from 2019 and found in more than half, or 55 per cent, the court award was less than demanded:
“Had ICBC taken the plaintiff demand on all 166, we would have paid $26.5 million more than the sum of the awards.”