22 Feb Deductions From Future Cost of Care Awards for ICBC Part 7 Payments
It almost goes without saying that plaintiffs’ lawyers and insurance defence lawyers rarely agree on anything, especially when it comes to the value of an injured person’s claim, and even more so where this involves estimating costs that will arise in the future.
ICBC defence lawyers will often argue that damages for “future cost of care,” which account for an injured person’s medical and other care costs down the road, should be reduced to account for amounts that ICBC might reimburse to the injured person in future in the form of Part 7 benefits. However, ICBC will usually refuse to promise to pay any of these amounts.
In other words, the defence says that injured persons should receive less than the amount than they need to pay for their medical care in the future, because of the mere possibility that ICBC might reimburse a portion of those costs.
Fortunately, the courts have not been receptive to the defence arguments. In Riding-Brown v. Jenkins, 2015 BCSC 1751, the Defendant asked the Court to reduce the injured person’s cost of care award by nearly $97,000 to account for possible ICBC reimbursement. Mr. Justice Baird rejected that argument, instead applying a reduction of only $10,000, which the Plaintiffs conceded was reasonable.
Justice Baird explained that there was a “real risk” that the injured person would not receive reimbursement from ICBC beyond that amount.
ICBC wants to deduct money from your motor vehicle injury claim for reimbursements that it might never pay out. Our lawyers will make sure you get the fair outcome you deserve – contact us right away.