What is exploration for Discovery?

[ceo23]

Hello everyone,

I had an car accident in Aug, 2013. The case was close
And it was 100% others fault. Last May I recueve the claim
Letter from the lawyer office said this want to dispute and
Want to claim his money lost during the injury time. The thing is
The car is total lost but he was ok at the time . I got confused.
He was 100% at fault and case closed and after about almost a yearlater he claim me. So ICBC hire me a lawyer to defend for me
and said I had to do exploration for discovery. What is that?
Then my lawyer said after that more than 95% of case will settle
after that. Is that true? Thanks.

 

[uncleg]

Read this.......

https://www.google.ca/url?sa=t&rct=...mNpHoyYxX_wgjv95oWJdK2A&bvm=bv.82001339,d.cGU


.........often after a Discovery there will be an offer to settle or in your case, they might just decide they don't really have a case. Remember, till the Discovery the other guys lawyer really only his clients's version of events.

 

[ceo23]

Any idea how much the claim will be? My lawyer just told me ICBC will cover it cause my insurance is 5 million and there is no way it will go any where close that. But I am just wonder how much they will be claim?

 

[summerbreeze]

you have to view this as a game, the other party wondering if they can get anything, the lawyer encouraging him because the lawyer will make money if there is conflict

ICBC will have to engage so they pay for a lawyer for you, that lawyer of course wants to earn off this event as well but will keep it in reason because they will want ongoing business with ICBC

everything will come down to what can be proved, if fault is 100% the other party then little claim capability, also damages/losses will have to verified by a doctor

since you are one party and a witness you are involved, your lawyer will advise you to the process but you should go into this with a full understanding of what is going on, your ICBC claim adjuster should walk you through the process, setup an appointment

you and ICBC have a common interest, quick with minimal cost exposure

 

[ceo23]

What kind of question he will ask? I mean it's more than one year now?

 

[uncleg]

Any idea how much the claim will be? My lawyer just told me ICBC will cover it cause my insurance is 5 million and there is no way it will go any where close that. But I am just wonder how much they will be claim?

What kind of question he will ask? I mean it's more than one year now?

Really...the Discovery part I can see....but asking about how much he will claim, what questions will be asked ?????? How the hell should we know ? You had an accident, his car was totaled, he was 100% at fault...doesn't tell us much. Asking questions is not a problem, but try to be reasonable about it.

 

[vancity_cowboy]

you should be posing these questions to icbc and the lawyer they have provided for you

 

[badbadboy]

The other party is trying to weaken your case and change it from 100% at fault to possibly 50% at fault. i.e. try to make your insurance cover some of the liability.

Stick to your story, answer honestly but do not feed the lawyer anything that can derail your case.

When I went through this in a civil suit a few years back, one tactic their lawyer used was to not use chronological sequence but jumped all over the place. Remember, if you are unclear with their lawyer's question ask them to rephrase. It frustrates them to no end so keep asking them to rephrase until you like the way the question is asked. If they get aggressive with you, your lawyer is there to protect you from any of that behaviour.