Monday, August 1, 2016

ICBC Tip of the Month: Realtor Injury Claims - Loss of Deals & Income


Assuming you are a Realtor involved in an ICBC injury claim, calculating your income loss can be difficult. It is difficult for any one compensated on a commission basis. 

Realtors are particularly unique for two reason:

1) there is the added complexity of real estate markets that go up and down (without any real predictability); and

2) depending on the Realtor's practice, they have systematic ways in which they drum up new business and referrals. This is often referred to as "seed planting", which the Realtor hopes will bear fruit in the future. 

Realtors spend time networking in the community, knocking on doors, sending out flyers, meeting people, and a variety of other ways in which they hope to land buyers and sellers as future clients. If a Realtor is involved in an injury claim, their injuries may impact or diminish their ability to "plant seeds". Lost time in rehab appointments or at clinics could have been used more productively had they not been injured.

The following case is an interesting read for Realtors, I recommend the following paragraphs:

Loveys v. Fleetham, 2012 BCSC 358
  • 217 to 226 for the Legal Principles
  • 227 to 248 for the Position of the Plaintiff and Position of ICBC (the defendants insurance company)
  • 249 to 315 for the Analysis and Awards for Past and Future Income Loss

ICBC Claims are complicated and can cause confusion. If you have any questions or concerns about your situation, always consult an experienced ICBC Claims Lawyer. Book a free consultation and get answers.

Perminder S. Tung
Partner - Lindsay Kenney LLP
604-888-5811 or 

Do you have questions about your ICBC personal injury claim or accident?  If so, click here arrange your free consultation with  ICBC Claims Lawyer Perminder S. Tung (Services provided for ICBC injury claims throughout all of BC: Vancouver, Surrey, Langley, Burnaby, Richmond, Abbotsford, Chilliwack, Tri-city area and all over BC)

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