To settle with ICBC, the corporation must negotiate in good faith. ICBC’s recent withdrawal of settlement offers has therefore drawn criticism from many groups and now the Supreme Court. The Car Accident Our featured car accident case was a short personal injury trial in January, 2019. The claimant was driving through the intersection of Sperling…
Statements made to ICBC and the police without a lawyer generally ends poorly. This claimant was found to be not covered by ICBC for injuries because of her ICBC statement and testimony. Indemnity under a policy of insurance with ICBC was sought by the claimant. ICBC denied coverage saying the claimant permitted an impaired person…
On February 11, 2019 Attorney General, David Eby, teaming with auto monopoly ICBC, announced draconian restrictions on experts and expert reports. The new rules will limit the ability of innocent victims to use expert reports. Medical reports, economic reports, treatment reports, work capacity assessments and other expert opinions will be restricted. Without a court application,…
Our cars are taking over the important functions of driving. Therefore, automakers and the others that control vehicle behaviour are learning to love thy neighbour. Since 2016 NHTSA has recommended highly automated vehicle systems, the HAV system, be deemed “the driver” for purposes of traffic laws. As responsibility shifts to manufacturers, self-driving vehicles will be…
The claimant was injured in two motor vehicle accidents with liability admitted for both. The issue at trial was the assessment of her losses including non-pecuniary damages (pain and suffering), compensation for loss of past and future earning capacity, loss of housekeeping capacity, costs of future care and special damages. In the first car accident she was…
This pedestrian personal injury claimant alleged that the defendant negligently drove his vehicle over the back of her left ankle and foot while she stood outside a parkade talking with friends. After the accident, the driver spoke with a representative of the Insurance Corporation of British Columbia, ICBC, by telephone a notes of this conversation…
There are several new considerations when it comes to settling ICBC injury cases this year (**see update 2020 ICBC settlement predictions). ICBC began 2019 by withdrawing many settlement offers made in 2018 surprising many claimants without lawyers. Here is what to look out for when it comes to ICBC settlements: ICBC Internal Policy – ICBC…
This Lawyer was hired by ICBC to defend against several car accident personal injury claims in 2002. The first three car accidents went to trial with claimant having no lawyer to advocate his case. In his submission to the court, lawyer Mr. Paul Warnett, hired by ICBC, questioned the extent to which the claimant was injured in any of the three…
As an advocate for the injured for over 23 years I have never experienced the level of discrimination now faced by auto injury victims in British Columbia. The Attorney General, our chief advisor of law to the government, distains injury victims access to legal advice and the court system, recently blaming lawyers for pushing back against the monopoly…
When it comes to settling personal injury claims, car accidents involving ICBC have several unique limitations, deadlines and time limits. Do not let the ICBC adjuster bully you into to settling your case too early. ICBC adjusters may try to raise concerns about expenses and legal costs to have you pursue your claim without a legal advocate. ICBC…
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