Injury Claims and the Impact of Unreliable Information Provided to Medical Experts

The assessment of an injured claimant’s credibility and the reliability of his/her evidence is pivotal in any personal injury claim. An injured claimant who accurately describes his/her symptoms and circumstances before and after an accident without minimizing or embellishing them can reasonably anticipate that the court will find his/her evidence to be credible and reliable.…

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Can ICBC Deny Your Claim For Not Wearing a Seatbelt?

If you are injured in a motor vehicle accident that was not your fault, ICBC cannot outright deny your claim for not wearing your seatbelt, but ICBC can argue that you were contributorily negligent by relying on a seatbelt defence. Contributory negligence is a legal defence that ICBC uses to reduce an injured claimant’s compensation.…

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Expert Rules Struck- ICBC Secret Financial Blunder Revealed

The limits on experts and expert reports introduced February 11, 2019 have been set aside by the Supreme Court. Orders under Rule 11-8 are also of no force or effect. The Supreme Court struck down these arbitrary limits on expert evidence (Crowder v. British Columbia (Attorney General), 2019 BCSC 1824). Attorney General David Eby was…

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Get Legal Advice Before Calling ICBC Adjuster

Free legal advice after a car accident is available online. However, a single legal consultation does not replace hiring a lawyer. As a result, the initial consult should not be considered legal advice but rather legal information. This is called a free legal consultation. The First Legal Consultation There should be little or no charge…

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Making ICBC statement

ICBC Statement Results in Breach of Insurance

Statements made to ICBC and the police without a lawyer generally ends poorly. This claimant was found to be not covered by ICBC for injuries because of her ICBC statement and testimony. Indemnity under a policy of insurance with ICBC was sought by the claimant.  ICBC denied coverage saying the claimant permitted an impaired person…

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ICBC Given Special Legal Status to Prevent use of Expert Reports

On February 11, 2019 Attorney General, David Eby, teaming with auto monopoly ICBC, announced draconian restrictions on experts and expert reports. The new rules will limit the ability of innocent victims to use expert reports. Medical reports, economic reports, treatment reports, work capacity assessments and other expert opinions will be restricted. Without a court application,…

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Lawsuit Against ICBC Lawyer Dismissed as Wild Speculation

This Lawyer  was hired by ICBC to defend against several car accident personal injury claims in 2002. The first three car accidents went to trial with claimant having no lawyer to advocate his case. In his submission to the court, lawyer Mr. Paul Warnett, hired by ICBC, questioned the extent to which the claimant was injured in any of the three…

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Top Personal Injury Law Changes of 2018

Pain free life is valued as part of the dream of the Good Life by most Canadians.  The elimination of auto victims rights in 2018 and the increase in the ICBC monopoly on car insurance is therefore a shocking embarrassment to our democratic principles in British Columbia. Minor Injury Cap passed 2018 will apply to all car…

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Economist Reports Admitted Late in Personal Injury Case

The defendants objected to the admission of expert reports tendered by the claimant on two grounds including the lateness of two economists’ reports. Pursuant to Rule 11‑6(3), the economist reports should have been served 84 days before the trial. The report were 12 days late, being served 72 days before the trial commenced. This was a mistake. …

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