It’s very important for plaintiffs in ICBC claims to present themselves well. Ultimately, a judge may decide how much your claim is worth, and your demeanour may play a large role in their decisions. Even in earlier parts of the litigation process, such as an examination for discovery, coming off as stand-offish or evasive can be a serious detriment. This was especially true in this recent Supreme Court of British Columbia case:
http://www.courts.gov.bc.ca/jdb-txt/SC/15/19/2015BCSC1902.htm
When weighing the plaintiff’s credibility, the first thing the judge stated was:
“In my view the plaintiff was a very poor historian in terms of not only the progression of her injuries but any pre-existing injuries that she may have had. I also found the plaintiff to be evasive and combative in her evidence.”
This set the tone for the entire judgement. As a result the plaintiff was largely unsuccessful in her claims for wage losses, both past and future.
It’s natural for people to be wary of providing information to ICBC representatives or even judges. However, it is also necessary to come across as straight forward about your injuries and discuss your losses in detail. Achieving the proper balance of being open yet calculated in your responses is one of a lawyer’s primary responsibilities. An experienced lawyer will do their best to prepare you for questions from either a judge or an ICBC lawyer. If either find that you are being evasive, it can have a serious and detrimental affect on your case. Although lawyers for ICBC are not on your side, they play a key role in convincing ICBC adjusters and managers to provide you with with a fair settlement.
