Spinal Cord Injury Alleged from Seat Belt- Particulars Ordered

The injury claimant was a nine year old passenger sitting on the driver side rear seat of a 2006 Nissan Pathfinder when it was struck by another vehicle. As a result, the claimant sustained a near complete spinal cord transection resulting in him becoming a ventilator-dependent quadriplegic. The allegation is that the spinal cord injury was caused…

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$418,000 Injury Award for Loss of Housekeeping Capacity Upheld

In this precedent changing personal injury Court of Appeal decision, the injury claimant, struck by another vehicle on the passenger side where she was seated, was awarded $1,782,068, including  $418,000 for loss of housekeeping capacity at trial. We focus on this exciting new statement from the court of appeal embracing this claim for loss of housekeeping capacity…

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ICBC Claims Settlement Tips and Advice

The first tip, the ICBC adjuster works for ICBC not the injured claimant. ICBC does not assign claimants their own advocates after a car accident.  No one at the Insurance Corporation of British Columbia, ICBC, will look out for the claimants best interests when it comes to settling an injury case. Second tip for ICBC injury…

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Car Accident Victim Recovers Compensation for only 50% of Losses

This personal injury claimant was found 50% at fault for a car accident. The issue on this court application was whether the claimant should also recover only 50% of his legal costs.(Elima v. Dhaliwal,2018 BCSC 115). This personal injury lawsuit relates to a a motor vehicle accident which occurred at the intersection of Steveston Highway and Coppersmith…

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First Injury Case of 2018 Applies Possibility Test to Past Losses

In this important and first Supreme Court personal injury case of 2018 the court accepts that a claim for past loss of earning capacity involves a consideration of hypothetical events. Therefore an ICBC injury claimant is not required to prove these hypothetical events on a balance of probabilities when claiming loss of past opportunity to earn.(De Groot…

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Negligent Driver Denies Claimant in Car at time of Accident

The claimant was allegedly injured in a car accident on Kingsway, approaching the intersection at Hall Avenue, in Burnaby. However in this pithy decision the Court of Appeal permitted the negligent driver to dispute that the claimant was in the vehicle at the time of the car accident despite admitting negligence (Brennan v. Colindres,2017 BCCA 413). The negligent driver testified…

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Cap on Minor Injury Claims is Stealing from the Injured

The Attorney-General David Eby idea of a cap on the amount paid out by ICBC on minor auto injuries will be taking money from innocent victims of personal injury.  This defeats the original purpose of creating an ICBC, punishing innocent victims for ICBC’s financial mismanagement. One of the hallmarks of a free and democratic society is…

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Left Turn Car Accident Decision Questionable with Yellow Light

In today’s case the claimant is found 50% at fault for making a left hand turn, on a late yellow, causing the car accident which is the subject of this personal injury case. The assessment of damages was bifurcated from liability so this decision only addresses fault for the car accident. (Elima v. Dhaliwal,2017 BCSC…

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ICBC Uninsured Motorist Protection Denied to 17 Year Old Passenger

A 17 year old ICBC claimant was a passenger injured in single-car accident in which a 15-year-old unlicensed driver lost control of a vehicle owned by another.  They were at a campground near Dry Lake BC and were going to buy hotdogs when the driver lost control of the vehicle while fiddling with the CD player. The…

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Left Turning Vehicle at Surrey Intersection 100% at Fault

The fault of a left turning vehicle for a car accident depends on whether there is any vehicle approaching that constitutes an immediate hazard. If there is, the left turn should not be made. This case review reinforces this point as it applies to ICBC injury claims. This motor vehicle accident occurred at the intersection of 152nd…

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