ICBC Meat Chart Policy Fails In Court

In the last month, ICBC has been instituting a “one size fits all”, “meat chart” policy where they make settlement offers for fixed amounts based on their own internal policy criteria. They have been doing this with little regard for individual circumstances. In the process, they have replaced offers with lower offers often derailing settlement negotiations and forcing more cases to trial.  Often, the victim is willing to settle for a reasonable amount but ICBC refuses to come close to the reasonable number without a court trial.

The hardest hit injured victims are those who have a serious injury but have not taken time off from work.

However, in recent cases such as this one called Tsai v. Murdoch, the BC Supreme Court awarded monies substantially more than both the ICBC offer and close to the number requested by the victim.  The Supreme Court was critical of ICBC’s tactics:

[71]         This is the type of case that was ripe for settlement, as demonstrated by the small difference between the plaintiff’s offer and the award made. I was informed the defendant had made a settlement offer but withdrew it for “institutional” reasons. Whatever “institutional” reasons are they do not protect in any way a litigant from bearing the consequences of its choices in the litigation.  Were it in my power to award more in costs in favor of the plaintiff I would have done so. This case did not need to occupy the court’s time at the expense to the taxpayer. It should have been settled.

At Dyson Law, we are gearing up to challenge unreasonable offers by ICBC. We will be ready to take your case to trial, if necessary, to ensure that you receive fair treatment for your injury claim. Please phone us at (604) 876-7000 to discuss your unique situation because every case is unique.

https://www.courts.gov.bc.ca/jdb-txt/sc/19/01/2019BCSC0179.htm

 

 

 

 

 

 

 

 

 

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