In a stunning concession by our Supreme Court, the law apparently favours the Insurance Corporation of British Columbia (ICBC) having no legal obligation to inform hit and run injury victims of their legal rights(Morris v. Doe, 2011 BCSC 1053). The injury claimant was injured in a car accident at the intersection of South Fraser Way and Ware…
In this highway truck accident injury claim (Harrington v. Sangha, 2011 BCSC 1035) the at fault driver lost control of a tractor trailer he was driving north on Highway 97 at an “S” turn in the highway, near Sales Road, about 20 km south of Quesnel. He felt his truck slide across the road as the trailer…
The British Columbia trial judge in this stunning Disc Disease versus whiplash injury case (Farrant v. Laktin,2011 BCCA 336) was found to be wrong after misapprehending the threshold issue of causation as an “either/or” proposition and further erred in failing to consider whether there was a substantial connection between the accident and the injury claimant’s disabling…
In this Vancouver car crash injury claim (Olianka v. Spagnol,2011 BCSC 1013) the ICBC injury claimant was seeking compensation resulting from injuries he suffered when the car he was driving was hit from behind at the intersection of King Edward Avenue and Valley Drive in Vancouver. The other driver admited fault for the car accident and…
A City of Vancouver report released July 20, 2011 found that the total number of collisions reported to ICBC on Dunsmuir Street is down since the introduction of the bike lanes. According to the report, “The Five years 2005-2009 saw between 144 and 193 collisions per year and an average of 164 per year. During the…
In a dramatic personal injury decision (Lutley v. Southern,2011 BCCA 299)the BC Court of Appeal overturned a judge’s finding that the injury claimant was only 40% at fault and found her 85% at fault. Take a read of my review of the trial judge’s decision in this flashing green light car accident case. The Court of Appeal found that the trial…
When you are injured in a car accident in British Columbia usually the Insurance Corporation of British Columbia (ICBC) will have to be notified. However before you, a friend, or family member contact ICBC there are three important tasks on your checklist that can be completed to give you the best opportunity to obtain accident injury benefits and the…
In this Kelowna car accident case ICBC requested a video deposition of a past employer of the injury claimant.(Seder v. Insurance Corporation of British Columbia,2011 BCSC 823). The personal injury claimant alleged that she suffered both physical and psychological injuries from a car accident resulting in damages including loss of earnings. At the time of the court…
In this ICBC adjuster personal injury case( Luis v. Haw,2011 BCSC 815) the Insurance Corporation of British Columbia made a most bizarre request that the ICBC bodily injury adjuster attend at a mandatory trial management conference in place of the ICBC lawyer by phone. This application was firmly dismissed by the Supreme Court requiring comment of the…
In this two car accident low back personal injury lawsuit(Doho v. Melnikova,2011 BCSC 703) the main issues that led this ICBC case to not settle were: loss of opportunity to earn past income; reduction of the injury claimant’s future earning capacity; ICBCs’ allegation that the claimant failed to mitigate his loss; and the ICBC claim that the injuries did not impact the claimant’s earning capacity. ICBC admitted fault…
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