This was an assessment of the claimant’s losses arising from a motor vehicle accident in Nanaimo. The claimant’s vehicle struck the other vehicle broadside, and he suffered multiple soft-tissue injuries in a very heavy collision. He was a stoic individual that did not like to complain about his injuries, which makes assessment difficult for the court. As…
Learn the basics about massage therapy coverage after a car accident in today’s article. Designed for ICBC claimants and massage therapists we discuss therapy payments for car accident related injuries in British Columbia. Massage Therapy- ICBC Benefits ICBC is only required to fund the first $23 of massage treatment performed by a Registered Massage Therapy. Most…
In this ICBC personal injury case the claimant was awarded $622,500 after she was injured by a vehicle that turned left across the path of her vehicle. The claimant had however made an offer to settle to ICBC one week before the trial for $315,000 plus costs and disbursements, which was rejected. The claimant was therefore entitled to an…
Is it common sense and the law in BC that a driver rear ending another quickly stopping vehicle is at fault for following too closely, unless there is evidence to the contrary. The following personal injury case tried unsuccessfully to prove otherwise ( click here to review full case of Wright v. Mistry,2017 BCSC 239).…
This ICBC claimant was injured in a rear ender when driving on Boundary Road in Vancouver. When traffic came to a stop the claimant was rearended by a pick-up truck pushing her car about two car lengths into a van that had previously stopped in front of her. Immediately she experienced pain in her right leg, left…
After being injured in a hit and run car accident a claimant has an obligation to make best efforts to find the other driver in order to pursue a personal injury claim with ICBC. In this case ICBC suggested that had signs been posted leading up to the collision site commuters who travelled the route…
Canada Pension Plan (“CPP ”) disability benefits are not considered part of a “policy of insurance” says the Supreme Court of Canada ( click here for Sabean v. Portage La Prairie Mutual Insurance Co., 2017 SCC 7) as CPP is a mandatory government program. This is an important decision for injury claimants in Nova Scotia. However, this decision…
The B.C. Women’s Hospital and one of it’s nurses successfully appealed this $1.7 million personal injury award in which they were found to have negligently injured a patient ( 2015 BCSC 1941 ). The trial judge found the Nurse to have breached her duty of care owed to the patient, when placing the claimant’s left foot on…
Two motor vehicle accidents are treated as one ICBC injury claim in today’s personal injury case review. In the first car accident the claimant was rear ended by a vehicle travelling at approximately 60 km/h at King George Highway and Highway #10 located in Surrey, British Columbia. The claimant’s vehicle was damaged and written off…
When an ICBC claimant is injured in two car accidents and is at fault for the first, how does the court deal with costs? Here is what the court did recently in Brach v. Letwin,2017 BCSC 101, a Fast Track case: the claimant was not entitled to recover his disbursements where they were solely attributable to…
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