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ICBC Claims – Duty to Mitigate and to Follow Medical Advice

Injured claimants have a legal duty to mitigate their injuries and losses from motor vehicle accidents. What this means is that injured claimants have an obligation and responsibility to take reasonable steps to minimize their losses such as by following medical advice.  If it is proven that an injured claimant failed to mitigate their injuries…

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ICBC Settlement – ICBC’s Low Offer Scolded by Trial Judge

In Patterson v. Solymosi 2019 BCSC 1508, the injured claimant suffered soft tissue injuries to her neck and back, as well as a labral tear to her right hip, in a motor vehicle accident.  As a result of her injuries, she was limited in her ability to function as a special education teacher which involved…

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ICBC Settlements – Can you reject an offer you accepted from ICBC?

  If you do not have a lawyer and you are dealing with ICBC on your own, the playing field is extremely uneven in that it heavily favours ICBC.  This is because ICBC adjusters receive extensive on how to handle and settle claims to the benefit of ICBC, not you.  ICBC adjusters have a significant…

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ICBC Claims & Slip and Fall Claims – What to Expect for Pain and Suffering for Soft Tissue Injuries

The new ICBC minor injury caps passed by the NDP have been reviewed in several previous blog posts. In short, the term “minor” is extremely misleading because the list of injuries that are considered minor through this new law includes injuries that are not minor at all such as lifelong chronic soft tissue injuries if…

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ICBC Gives No Help to Injury Victims During the Pandemic

Auto monopoly ICBC and Attorney General David Eby are legally pocketing $158 million. ICBC is keeping the auto insurance savings arising from the pandemic. Mr. Eby reported on May 14, 2020 savings not shared with injury victims or premium payers. ICBC is not legally required to share the COVID-19 savings with the injured, Mr. Eby…

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Early Retirement Because of Injuries Suffered in a Motor Vehicle Accident

Injuries suffered in a motor vehicle accident can cause some individuals to retire earlier than planned especially if the injuries interfere with the ability to continue working. Claims for wage loss from early retirement are often very contentious. ICBC and other insurance companies often will argue that it is impossible to know exactly what would…

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ICBC Claim for a Motor Vehicle Accident in the USA

*written by Vic Maan, Associate with Holness and Small Law Group If you are injured in a motor vehicle accident in the US and the negligent driver was driving a vehicle with US licence plates, ICBC will not be involved in the tort injury claim even if your automobile insurance was with ICBC. There is…

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What Happens if a Judge Awards you Less than ICBC’s Settlement Offer?

In a previous blog article, we discussed what happens if you make a formal offer to settle to ICBC prior to trial and you beat that offer in that you are awarded the same or more than this offer by the judge. But what happens if ICBC makes a formal offer to settle and you…

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Injuries Suffered in an Assault – Compensation for Aggravated and Punitive Damages

*Written by Vic Maan, associate lawyer at Holness and Small Law Group It is a common misconception that if you have suffered an injury as a result of an assault, your only recourse is through the criminal justice system. Depending on certain factors, this may not be the case and you may be entitled to…

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What you need to do if you are injured in a slip and fall on Private Property (Occupier’s Liability)

If you are injured because you have slipped or tripped on a hazard on private property, you may have a claim for compensation for your injuries against the property owner or the occupier of the property (i.e. tenant). Private property owners or occupiers include homeowners, business owners such as retail stores, restaurants and coffee shops,…

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