ICBC injury claimants need to be prepared during the Pandemic to have their trial canceled or rebooked due to Covid-19 related issues. If this happens, a money advance can be requested from the judge. As a personal injury lawyer I have had an ICBC injury trial adjourn because the ICBC lawyer fell ill during Covid-19.…
Prior consistent statements are inadmissible to prove the truth of a statement. However, the use of such statements as narrative is allowed to show the fact or timing of a complaint. These statements may be of assistance in determining its truthfulness or credibility ( R. v. Dinardo, 2008 SCC 24, at para. 37). They may…
The Offers of Settlement ICBC offered to settle this personal injury case for $265,189.30, plus costs one month before trial. The claimant delivered an offer to settle in the amount of $475,000. A jury awarded $105,200. The claimant’s car was rear-ended In this accident and Fault was admitted. Should ICBC be entitled to the costs…
The NDP no fault auto insurance will become law to benefit auto monopoly ICBC in May, 2021. However, people in British Columbia have not been told of the potential for these changes to result in more injuries and death on our roads. As the personal responsibility of guilty driver is eliminated, so to will the…
Despite $300 million in ICBC savings and a reduction in claims by 37% between April and June, 2020 ICBC is refusing to pay back drivers. It appears ICBC and the NDP are playing politics by waiting to election time to pass the saving onto BC drivers. In fact, ICBC continue to charge high insurance rates…
Civil Resolution Tribunal, CRT, has made it’s first ICBC minor injury decision arising out of a car accident injury claim. The claimant settled with ICBC for for $6,890 but later found out he had a disc bulge. ( first CRT ICBC Minor Injury Decision) However, ICBC was allowed to settle the case before the disc…
ICBC Enhanced Care 2021, celebrated by NDP government, received Royal Assent Friday, Aug. 14, 2020. Auto injury victims need to prepare for the worst. Our Attorney General David Eby has coined ICBC no fault auto insurance as “ICBC Enhanced Care”. The Enhanced Care at ICBC will mean the elimination of compensation for pain and suffering.…
No one at ICBC wants to tell you that you will be getting less, but Enhanced Care means less money for the injured. Does no compensation for pain and suffering sound like enhanced caring for the injured? How about caps and limits on the costs of necessary medical treatment, that is enhanced care ICBC style. …
Average ICBC Rear Ender Payouts from the Supreme Court Getting hit from behind while stopped in traffic is a common occurrence, usually referred to as a rear-end accident. As a personal injury lawyer in British Columbia since 1995, I can say there have likely been more rear end car accident cases forced into court in…
ICBC has been punished again for failing to accept a reasonable settlement offer. This offer coming from an innocent car accident victim that lost $85,000 just in past wages. The claimant offered to settle a car accident injury claim for $150,000, which ICBC rejected. The court said the injury claim was worth over $200,000, after…
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