A: ICBC looks at the extent of “objective signs” of your injuries and limitations over time. These include:

• muscle spasms your doctors found over time,
• limitations in your range of motion over time,
• positive results on x-rays, CT scans, MRI’s, bone scans, nerve conduction velocity testing, ENG (electromyography), EEG and other established scientific tests,
• the results of work capacity evaluations conducted by certified work capacity evaluators,
• Visible scars or deformities.

ICBC also considers what your credibility (or believability), would be if you took your case to court. This is based on a number of issues such as:

• Did video surveillance show you looking less disabled than your treatment practitioners thought you were?
• Did interviews by an investigator of neighbours or employers or co-workers turn up anything negative about you?
• Did your treatment practitioners comment negatively or positively about your desire and efforts to overcome your injuries?
• Did you present yourself to the adjuster as motivated and legitimate?
• Did you present yourself this way to ICBC’s lawyer at your examination for discovery?
• Was your sworn testimony at your examination for discovery consistent with, or contradictory to, other evidence such as witness statements, your initial statement to ICBC and your medical records?
• Did the doctor to whom ICBC sent you comment negatively or positively on your condition, and how credible will he likely be in court compared to your own medical experts?

These factors will also influence how much ICBC will offer you for your financial losses such as loss of income.

If a claimant suffers a fairly minor injury, ICBC adjusters usually follow policy “guidelines” that define how they can settle the pain and suffering component of such claims.

In more serious claims, ICBC’s adjusters will look at judges’ written decisions regarding injuries similar to yours. This tells them what judges have previously awarded in such cases.

ICBC considers all the above factors to decide what a judge or jury may award you.

ICBC also considers the likelihood that you will take your case to court if it makes a low offer. Are you likely to accept it rather than go to court? Are you financially desperate? Do you appear unwilling to take any risk (a trial always involves some risk? Do you appear averse to the stress and loss of privacy that a trial entails?

ICBC will also consider your lawyer’s skill and track record.