Claim Dismissed at Trial – Injured Claimant Fails to Prove Negligence Against Unidentified Driver

As discussed in prior blog posts, the issue of liability is central to all personal injury claims.  An injured claimant who wants to pursue compensation for injuries must prove that another driver was negligent and that this negligence caused the motor vehicle accident and the injuries.  An injured claimant cannot be found entirely at fault…

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Jacqueline Small Interviewed (again) by Canadian Lawyer Magazine on ICBC Reprehensible Conduct

Several times in the last year, Jacqueline Small of our firm has been interviewed by Canadian Lawyer on current trends and trial decisions that impact the area of injury law in British Columbia.  We are proud to stay ahead of the curve and to remain up to date on the law.  We believe this is…

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Jacqueline Small Interviewed Again by Canadian Lawyer Magazine – ICBC Hit & Run Claim and Credibility

We are pleased to announce that Jacqueline Small, partner with our firm, was recently interviewed again by Canadian Lawyer Magazine about an ICBC hit and run case which was dismissed at trial. Ms. Small wrote a blog article on this ICBC hit and run case where the injured claimant’s credibility was a key factor in…

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ICBC Hit & Run Claim Dismissed at Trial due to Failure of Injured Claimant to Question Hells Angel

If you are injured in a hit and run accident, it is not enough for you to simply call the police and report the motor vehicle accident to ICBC.  The law in British Columbia requires you to take certain steps to identify the driver who fled the scene.  If these steps are not taken, then…

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ICBC Denies Hit and Run Claim but Court Disagrees

This personal injury case was lodged against the Insurance Corporation of British Columbia (“ICBC”) for damages arising from a hit-and-run motor vehicle collision which occurred near the Strawberry Hill commercial complex at the corner of 120th Street and 72nd Avenue in Surrey, British Columbia. ICBC was named as the nominal defendant in this action as the claimant was unable…

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ICBC’s Policy of not Informing the Public Accepted by the Court

After a hit and run car accident claimant’s cannot and should not rely on ICBC to advise them of the reporting reporting obligations, says the British Columbia Supreme Court. Even though an ICBC claimant is required to report to ICBC the circumstances and consequences within 30 days, the ICBC adjuster can remain tight lipped about…

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ICBC Doctor Examinations and the Requirement to Attend

ICBC  Medical Examinations Medical assessments and examinations conducted for the Insurance Corporation of British Columbia, ICBC, will have profound implications on any personal injury claim. Here are some important requirements that must be in place before an injury claimant must attend at an ICBC doctor: 1. Being an ICBC Insured Being insured with ICBC is defined…

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Hit and Run Vehicle at Fault for Overtaking in Snow

Hit and Run personal injury claims in British Columbia require injury claimants to name ICBC as a nominal defendant and prove that the unknown driver was at fault. In this hit and run bifurcated summary liability trial (Link v. Insurance Corporation of British Columbia,2014 BCSC 1765) the determination of liability was the sole issue before…

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