In this car accident case (Winick v. Goddard 2020 BCSC 4), the 27 year-old female injured claimant was involved in 3 collisions. In the 1st car accident, the injured claimant sustained soft tissue injuries to her neck and back with pain radiating into her hip and legs that were aggravated by the 2nd car accident…
In a previous blog post, the new ICBC minor injury caps were discussed and explained. The ICBC minor injury caps, which apply to all injuries suffered in motor vehicle accidents after April 1, 2019, limit the amount of compensation for pain and suffering to a maximum of $5,500.00 for “minor “ injuries. The label “minor”…
David Eby and his NDP government have been very vocal about ICBC’s financial problems. Instead of making changes to ICBC’s management who are responsible for its policies and procedures that are clearly not working, the changes made are directed at injured claimants by eroding their rights. Shouldn’t the ICBC executive who are responsible for how…
The Insurance Corporation of British Columbia, ICBC, insures all guilty BC drivers. ICBC also insures the injured claimant for purposes of ICBC accident injury benefits. The result is a mandatory state controlled insurance scheme. By law, ICBC has the monopoly on third party liability auto insurance. So it can be difficult to achieve a fair…
An employers’ duty to accommodate can impact the amount of ICBC injury claim settlement. In this case review, a car accident injury was claimed to have been settled on the mistaken understanding that the employer was willing to accommodate the injury. About a month before the trial of the car accident claims, the claimant sent…
ICBC Injury Caps ICBC settlement payouts after April 1, 2019 have changed. Compensation for pain and suffering is limited to $5,500 for cases of minor injury. Learn right away whether ICBC will label you as a minor injury. The $5,500 cap does not apply to wage loss or case expenses. There are however other payout…
To settle with ICBC, the corporation must negotiate in good faith. ICBC’s recent withdrawal of settlement offers has therefore drawn criticism from many groups and now the Supreme Court. The Car Accident Our featured car accident case was a short personal injury trial in January, 2019. The claimant was driving through the intersection of Sperling…
There are several new considerations when it comes to settling ICBC injury cases this year (**see update 2020 ICBC settlement predictions). ICBC began 2019 by withdrawing many settlement offers made in 2018 surprising many claimants without lawyers. Here is what to look out for when it comes to ICBC settlements: ICBC Internal Policy – ICBC…
The Supreme Court has presented a new interpretation to offers to settle when it comes to ICBC settlement offers(Kobetitch v. Belski,2018 BCSC 2247). This personal injury lawsuit involved two motor vehicle accidents, the jury awarding the claimant $760,000. ICBC sought costs of the trial based on offers to settle delivered before the trial began. The first ICBC offer…
The Court of Appeal has upheld a $200,000.00 award to a 25-year old student for loss of future earning capacity despite having no settled pattern of employment, and no causal link between her injuries and her inability to keep positions in her desired field of employment. (Layes v. Stevens,2018 BCCA 415). An ICBC offer to…