ICBC Settlements – Can you reject an offer you accepted from ICBC?

  If you do not have a lawyer and you are dealing with ICBC on your own, the playing field is extremely uneven in that it heavily favours ICBC.  This is because ICBC adjusters receive extensive on how to handle and settle claims to the benefit of ICBC, not you.  ICBC adjusters have a significant…

Read more

ICBC Claims & Slip and Fall Claims – What to Expect for Pain and Suffering for Soft Tissue Injuries

The new ICBC minor injury caps passed by the NDP have been reviewed in several previous blog posts. In short, the term “minor” is extremely misleading because the list of injuries that are considered minor through this new law includes injuries that are not minor at all such as lifelong chronic soft tissue injuries if…

Read more

ICBC Gives No Help to Injury Victims During the Pandemic

Auto monopoly ICBC and Attorney General David Eby are legally pocketing $158 million. ICBC is keeping the auto insurance savings arising from the pandemic. Mr. Eby reported on May 14, 2020 savings not shared with injury victims or premium payers. ICBC is not legally required to share the COVID-19 savings with the injured, Mr. Eby…

Read more

Early Retirement Because of Injuries Suffered in a Motor Vehicle Accident

Injuries suffered in a motor vehicle accident can cause some individuals to retire earlier than planned especially if the injuries interfere with the ability to continue working. Claims for wage loss from early retirement are often very contentious. ICBC and other insurance companies often will argue that it is impossible to know exactly what would…

Read more

ICBC Claim for a Motor Vehicle Accident in the USA

  If you are injured in a motor vehicle accident in the US and the negligent driver was driving a vehicle with US licence plates, ICBC will not be involved in the tort injury claim even if your automobile insurance was with ICBC. There is an exception, however, to this general rule. You may pursue…

Read more

What Happens if a Judge Awards you Less than ICBC’s Settlement Offer?

In a previous blog article, we discussed what happens if you make a formal offer to settle to ICBC prior to trial and you beat that offer in that you are awarded the same or more than this offer by the judge. But what happens if ICBC makes a formal offer to settle and you…

Read more

Injuries Suffered in an Assault – Compensation for Aggravated and Punitive Damages

It is a common misconception that if you have suffered an injury as a result of an assault, your only recourse is through the criminal justice system. Depending on certain factors, this may not be the case and you may be entitled to also pursue compensation for your injuries and losses against the assailant. The…

Read more

What you need to do if you are injured in a slip and fall on Private Property (Occupier’s Liability)

If you are injured because you have slipped or tripped on a hazard on private property, you may have a claim for compensation for your injuries against the property owner or the occupier of the property (i.e. tenant). Private property owners or occupiers include homeowners, business owners such as retail stores, restaurants and coffee shops,…

Read more

$110,000 Pain and Suffering Award for Thoracic Outlet Syndrome and Chronic Pain

In this car accident case (Winick v. Goddard 2020 BCSC 4), the 27 year-old female injured claimant was involved in 3 collisions. In the 1st car accident, the injured claimant sustained soft tissue injuries to her neck and back with pain radiating into her hip and legs that were aggravated by the 2nd car accident…

Read more

Injured Claimant Suffering from Imbalance, Tinnitus and Other Injuries Awarded $170,000.00 for Pain and Suffering

As discussed in a prior blog post, when a trial judge makes an award for pain and suffering (also referred to as non-pecuniary damages), the law is clear that in determining what is reasonable each case must be assessed individually depending on the nature of the injuries sustained by the injured claimant and on an…

Read more