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…
From my own experience as a personal injury lawyer in British Columbia since 1995 I say the most excellent safeguard we have in this Province for people living in poverty is our social assistance programs. After a car accident, the Insurance Corporation of British Columbia, ICBC, may have some obligations to pay accident benefits but that…
In my negotiating experience as a personal injury lawyer most cases involving the Insurance Corporation of British Columbia, ICBC, settle based on offers made before the beginning of a trial. It is not uncommon for injury claimants to receive offers of settlement from ICBC before the claimant has hired a lawyer and before the injury has…
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…
The Insurance Corporation of British Columbia, ICBC, has the power to settle thousands of car accident cases worth hundreds of millions of dollars every year, profoundly changing the lives of thousands of the British Colombians. Being a personal injury lawyer in Vancouver since 1995 I have settled countless cases with ICBC and in my experience the claimant’s initial response…
After suffering injuries in what ICBC referred to as a low velocity impact car accident the trial judge awarded the claimant $115,975 for cost of future care in addition to awards for pain and suffering and out of pocket expenses. Read my review of the trial judge decision. The BC Court of Appeal has reduced the award for…
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…
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…