After a car accident the injured expect ICBC to act honestly when administrating accident insurance benefits under the universal auto insurance coverage. However the law in Canada has never imposed a duty on the Insurance Corporation of British Columbia to perform the terms of the contract of insurance honestly, until now. In the ground breaking…
This was an appeal from a personal injury case apportioning 60% of the liability for a motor vehicle accident to the injury claimant. The car accident occurred on the Ironworkers Memorial Bridge on the Trans-Canada Highway between Vancouver and North Vancouver (Langille v. Marchant, 2014 BCCA 430). The claimant rear-ended a vehicle after passing the crest on…
In British Columbia reporting a motor vehicle accident is different than anywhere else in Canada. The Insurance Corporation of BC, ICBC, is the only insurance company in the Province that is permitted, upon notice, to provide accident benefits to people injured in motor vehicle accidents. As a personal injury lawyer in Vancouver since 1995 my…
This personal injury claimant was found to have exaggerated the extent of her car accident related symptoms and failed to distinguish between her accident-related injuries and the effect on her life by her prior chronic neck and back pain (Ahmadi v. West, 2014 BCSC 2050). The ICBC injury claimant was injured in a motor vehicle accident…
During the course of this personal injury trial, the at fault driver, the defendant, sought to tender an expert medicolegal report and video deposition of an otolaryngologist (Lawrence v. Parr,2014 BCSC 2004). The claimant challenged the admissibility of the report on the basis that it did not comply with the mandatory conditions as set out in…
My experience as a Vancouver Personal Injury Lawyer allows me to share a few unique insights into ICBC negotiated settlements. Settlement with the Insurance Corporation of British Columbia when you don’t have a lawyer is inherently unequal. ICBC is a sophisticated insurance company with the experience of settling thousands of personal injury cases. Claimants often…
The injury claimant was found to be totally at fault for a car accident at the intersection of King George Boulevard and 68th Avenue, in Surrey, B.C. His personal injury claim was therefore dismissed and today I review the decision of the Judge regarding the case costs awarded to the successful defendant (Henry v. Bennett, 2014 BCSC…
This current law review relates to a motor vehicle accident injury case in which the claimant sought to recover the interest she was required to pay on advance settlement loans after being injured (Davidge v. Fairholm,2014 BCSC 1948). These loans were advanced to her by her lawyers to help her pay for out of pocket expenses not…
Driver and passenger were both drunk returning from an alcohol fueled weekend in the Okanagan. Four friends from the Lower Mainland were all drinking in the car when the injury claimant, the front seat passenger, began gyrating wildly to loud music which resulted in her hitting the steering wheel. The speeding vehicle swerved into a ditch…
In this motor vehicle accident injury case the claimant offered to settle for $65,000.00 more than two weeks before trial and that offer was rejected. The insurance Corporation of British Columbia, ICBC, is the mandatory third party insurer for all BC drivers and in this case the defendant was ordered to pay over $193,500 plus double…