Bicycle Accident Victim has to Pay Costs for Failing to Accept ICBC Offer to Settle

This is a good example of a personal injury case win that really turns out to be a loss (Dempsey v. Oh, 2011 BCSC 627). The injury claimant was riding his bicycle when he collided with a vehicle being driven by the defendant, likely insured by ICBC.  The Judge awarded the claimant $20,000 for pain and suffering and $629.96…

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Injury Claim Arising from Four Car Accidents Results in $119,000 Award

The injury claimant in this multiple rear-end car crash case(Keenan v. Fletcher, 2011 BCSC 520) was a 46-year-old police officer with the New Westminster Police Service. Amazingly the claimant was involved in four motor vehicle accidents in the same year, all of which ICBC admitted liability. She claims she suffered soft tissue injuries to her neck, right shoulder and lower back,…

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Car Accident Claimant Fails to Beat ICBC Offer and Punished by the Court of Appeal

In this minor car accident Jury trial case (Gehlen v. Rana, 2009 BCSC 1484) the injury claimant was awarded $13,486 by the Jury yet before the trial ICBC, the insurance company defending the at fault driver, had offered $22,000.00 to settle the case. The trial concerned both liability and damages for a motor vehicle accident and…

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Personal Injury Claimant Refuses ICBC Offer of $500,000 and only gets $10,595 from the Court

In this ICBC costs of personal injury case ( Danicek v. Li,2011 BCSC 444) the claimant was offered $500,000.00 to settle her car accident case with ICBC. She rejected the ICBC offer and went to court where the judge only awarded her a little over $10,000.00. ICBC applied to court to have their costs, a…

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ICBC Hit and Run Coverage not Considered Social Welfare-$200,000 Fund to be Divided Amongst All Claimants

In this motorcycle hit and run appeal (Thoreson v. Insurance Corporation of British Columbia,2011 BCCA 130) the claimant was injured in an accident that occurred near Vernon, British Columbia. The claimant was driving a rented Harley Davidson motorcycle and his girlfriend was riding on the back of the motorcycle when he was forced off the road…

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Injury Claimant’s Credibility Put into Question after Court Finds that he was, “leading a secret life”

In this coming out of the closet injury claim (Kitney v. ICBC) the court accepted that the claimant was involved in a serious accident and suffered a retinal tear and strains of the neck and mid- and low-back. However, despite the claimant testifying that he was unable to work he was videotaped working outside the…

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$12.4 Million Car Accident Jury Award for Soft Tissue Injury Too High for Claimants Actual Losses

This jury award was first reduced by the trial judge and in this decision by the Court of Appeal in Vancouver the award was totally wiped out, requiring the injury claimant to start her lawsuit all over again. The claimant was injured in three motor vehicle accidents (Ciolli v. Galley, 2011 BCCA 106, Vancouver) and alleged she…

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ICBC Ordered to Advance over $30,000.00 to Injury Claimant for Trial Adjournment

In this multiple car accident injury claim(Kailay v. ICBC, 2011 BCSC 263) ICBC, the Insurance Corporation of British Columbia, was seeking an adjounment due to new developments in the case which included a recent pregnancy and complicating psychological overlay arising from it. The ICBC lawyer asked for more time to prepare the defence case as they have to respond to fresh opinion…

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How to Win My ICBC Injury Claim for Free Without a Lawyer

This is a question I have been asked since I settled my personal injury law practice in Vancouver in 1995,and the answer really depends on your definition of winning an injury claim.  Do you want more money? a quick settlement? Your treatment covered?  Other than by fluke you may want to settle your case with the advice of a…

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A Claim for Psychological Injury after Witnessing a Car Accident Dismissed By Court

This  psychological injury car accident lawsuit ( Deros v. McCauley,2011 BCSC 195) was brought by a witness to a car accident.  The accident occurred on Highway 97, north of Bear Lake, B.C.  the claimant was part of a crew installing rumble strips on the highway. The injury claimant said that, as a result of witnessing the accident in which a vehicle struck…

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