HERGOTT LAW - It's Not Always the Big Guy You Have to Fight

Hergott Law logo In this article Paul describes a David vs Goliath case where Frank Kristen disagreed with the ICBC claims adjuster finding him 100% at fault for a collision. Mr. Kristen proceeded to a Claims Assessment Review where the adjudicator agreed with the claims adjuster. The final step was to have the issue heard before the court and the case against ICBC was commenced.

It didn't turn out the way Mr. Kristen had hoped, but I'll let Paul tell the story...

Continue reading on the Hergott Law web site.

Comments

Call Saul!

Once ICBC makes a decision that you disagree with, its best not to be talking to them directly.

I've had a friend who was hit by another driver intruding into their lane. There was dash-cam footage which clearly showed the other driver not paying attention to turns and driving on to the lane separator line several times into the curves before my friend attempted to pass them in the left lane. As my friend was passing, the other driver missed yet another curve, intruded into the left lane and the two car's mirrors collided.
About $600 in total damages to both vehicles.

My friend submitted the video and made a claim that it was the other driver's fault. ICBC disagreed saying that because dash-cam doesn't look far down enough its not possible to see whether the other car was actually in my friend's lane. That, even despite the fact that you can see the highway divider being exactly the same (normal) distance from my friend's car the entire time on the left - indicating that my friend was heading perfectly straight - right in the middle of the lane. But ICBC said its 50/50.

My friend paid a lawyer $2k to write a letter to the ICBC disputing their findings. A month later ICBC wrote a letter finding my friend not liable for the collision. So we've sent the lawyer's invoice to the adjuster, asking for compensation. The adjuster replied that nobody was forcing my friend to go crying to lawyers.

So we wrote a letter to ICBC stating that ICBC has made an error in its initial assessment which has caused additional damages under the claim by requiring lawyer's services, and that nobody was forcing ICBC to be making errors and had they made a proper fault assessment from the get go the additional costs could have been avoided.

ICBC sent back a form to sign-off on the claim being paid in full and that there will be no further claims related to thats specific incident and compensated my friend for the $2k invoice :)

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