In this personal injury case Insurance Corporation of British Columbia, ICBC, classified the collision as a low velocity impact case (Christoffersen v. Howarth,2013 BCSC 144). Damage to the vehicles was minor. Nevertheless, the Claimant said that she suffered unrelenting pain due to the car accident injuries . ICBC urged the court to conclude that the claimant could not have been…
Evidence in ICBC personal injury cases dictate the money award as this personal injury claimant lacking evidence (Brown v. Raffan,2013 BCSC 114) case illustrates. Although the claimant was awarded only $35,000.00 after making a claim for over $230,000.00, it appears that ICBC, insuring the at fault driver, took the position that the claimant should only get $10-20,000.00. The injury…
As a personal injury lawyer in Vancouver since 1995 I have negotiated with the Insurance Corporation of British Columbia, ICBC, for injury claimants on practically every type of car accident injury. One thing is common, genuine settlement negotiations are always “without prejudice”. What does without prejudice mean? This is the topic of today’s article. Also watch my…
A claimants’s emotional pain from learning about the death of a loved one in a car crash is typically insufficient to make the legal connection for compensation with ICBC. In this article I am addressing injury claims that friends and family members of car accident victims make against ICBC for emotional trauma. Also watch my short video about claiming…
Before resolution, personal injury claims in British Columbia are usually filed in the Supreme Court of British Columbia. Cases that are worth less than $25,000.00 should be filed in the Provincial Court. If a case is worth less than $100,000 the Fast Track Litigation rules will apply and legal costs will be limited by the…
The truth is, personal injury claimants are permitted to pursue negligence claims despite the contact between vehicles. This also applies in British Columbia for accident benefits from ICBC, the Insurance corporation of British Columbia and a personal injury lawyer will be able to tell you about all the reporting requirements. Pedestrians are included in this principle and pedestrians…
Can a personal injury award be reduced? The answer is yes, by the Court of Appeal when discussing a case filed in the Supreme Court of British Columbia. If you have gone through a trial and received a favourable award, ICBC or any other defendant, has 30 days to appeal this decision. You and your personal injury…
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…
Disputing an Insurance Corporation of British Columbia, ICBC, decision after a car accident requires a basic understanding of administrative law as well has a thorough understanding of the civil rules of court- to start. Fear not non-lawyers, I will to use plain language but can’t stress enough how important it is to get legal advice for…
If the Insurance Corporation of British Columbia , ICBC, gives an injury claimant an offer to settle their injury case, ICBC may seek their legal and out of pocket expenses after the date of the offer, if the injury claimant refuses the offer and gets less at trial. However the Court of Appeal for British Columbia, in the…
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