$100,00 Award for Pain and Suffering in ICBC Case Despite Disc Disease

In this ICBC disc disease car accident case(Peso v. Hollaway,2012 BCSC 1763) the claimant was returning from Osoyoos when he stopped his vehicle on 104th Avenue, in Surrey and came across two other motorists in an altercation. He was about to provide assistance when a vehicle reversed and struck the claimant’s car. The claimant’s car only sustained $1,500 of damage. The Insurance…

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6 Year Old Injured in Car Accident Awarded $20,000 For Mild Whiplash

In this child soft tissue injury claim (Maya Naks v. Hesse, 2012 BCSC 1328) the 6 child’s vehicle was travelling eastbound on 49th Avenue, in Vancouver, British Columbia when another vehicle failed to stop at a stop sign and her car hit the left side of the defendant. An ambulance attended at the scene of the…

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Low Velocity Car Accident Claimant Awarded $22,500 for 14 Month Soft Tissue Injury

In some injury claims the Insurance Corporation of British Columbia, ICBC, may deny the claim based on the minimal car damage and low estimated speed of impact. However, the Court in BC has said many a time that damage to a vehicle is not a matter which is necessarily related to the claimant’s injuries. In…

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Car Accident Injury May Cause Flare ups of Pain But No Loss of Earning Capacity

The injury claimant was an accounting student at the time of this head-on car accident(Pisani v. Pearce,2012 BCSC 1118). One of the key issues related to the extent her symptoms may impact her plan to become a chartered accountant. The claimant was driving downtown Vancouver and was returning home to their mother’s home in Coquitlam. The…

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Personal Injury Claimant Wins Award for Loss of Farm Earning Capacity

In this loss of farm earning capacity car accident case(Verge v. Chan,2012 BCSC 876) the claimant’s vehicle was hit head-on at the intersection of Summit Drive and Chilcotin Crescent in Kelowna. The injury claimant suffered soft tissue injuries to her neck and back, a fractured right talus, bruising to and pain in her chest, and…

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ICBC Defends Car Injury Case and Massage Therapist Still Wins $300,000 Award

The claimant, a registered massage therapist, was injured in a motor vehicle accident(Combs v. Moorman,2012 BCSC 1001) when her car, which was stopped, was struck from behind  in New Westminster, BC. Her vehicle was pushed into oncoming traffic and struck again head on by another vehicle.   ICBC participated directly in the personal injury lawsuit as a Third Party and the…

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Car Accident Injury Claimant Wins Case Despite ICBC Statements

This personal injury case involved four car accidents for which liability was admitted(Demidas v. Poinen, 2012 BCSC 416). The Insurance Corporation of British Columbia (ICBC), on behalf of the defendants, said that the injury claimant was an unreliable witness and deliberately exaggerated his claims.  In each of his ICBC statements following the four accidents, he listed numerous complaints…

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Offer to Settle Car Accident Injury Claim Rejected and Winning Claimant Gets Legal Fees Paid

In this offer to settle personal injury case(Bartel v. Milliken,2012 BCSC 971) the court makes it clear that withdrawing an  offer does not weigh against the awarding of double costs.  In this car accident personal injury case the injury claimant made an offer to settle her claim one week before the trial. The offer was not…

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Loss of Earning Capacity Award Upheld in Winning Car Accident Injury Case

This BC Court of Appeal case reiterates the distinction between loss of earnings and loss of earning capacity(Ibbitson v. Cooper, 2012 BCCA 249) in BritishColumbia personal injury cases: While in many cases the actual lost income will be the most reliable measure of the value of the loss of capacity to earn income, this is not…

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Claimant with Lawyer Wins Personal Injury Case and gets Legal Fees Paid

In this Fast track three month personal injury case(Johnson v. Keats,2012 BCSC 751) the claimant was  rear-ended during rush‑hour traffic on Hastings Street in Burnaby, British Columbia. The claimant was in stop and go  traffic in a stretch of Hastings Street which had multiple traffic lanes. There was only $560.00 damage to the claimants vehicle but he claimed neck,…

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