Personal Injury Lawyer Jacqueline Small has forced ICBC to pay disability benefits denied for almost 6 years in a car accident injury case. This decision is a stinging indictment of ICBC’s systematic use of hired guns to deny legitimate disability benefits. The Supreme Court Judge called the opinion of ICBC’s doctor Sovio deficient. Dr. Sovio did not provide a clear…
There are 2 types of payments ICBC is required make for lost wages: One for Temporary Total Disability Benefits (TTD); and the other for your actual wage-loss. Disability payment are made when, (a) a claimant is insured; (b) has proof of inability to work for more than 7 days in the first 21 days; and (c)…
The Court of Appeal has done away with any legal basis for ICBC’s policy of denying disability benefits when total disability arises beyond the first 104 weeks of a car accident(Symons v. Insurance Corporation of British Columbia,2016 BCCA 207 ). Long term disability benefits for personal injury claims must now be paid for future periods of…
This personal injury claimant was awarded over $700,000 after ICBC failed to take her injuries seriously following six “minimal damage”, also called by ICBC “low velocity”, motor vehicle accidents. ICBC relied on Dr. William Koch, a registered psychologist in B.C. to argue that the claimant had pre-existing psychological disorders not related to the car accidents. Dr. Koch…
Voluntary payments made by ICBC to victims of personal injury is a signal that the current system is inadequate. Without ICBC advanced payments made on the basis of third party liability coverage many claimants would not be able to survive after an accident related injury. Here are 3 basic accident benefits you can expect if you…
This ICBC injury insurance Appeal case concerned the nature of the claim for injury benefits under Part 7 of the Insurance Regulations and the interpretation of s. 96(f) of the Regulation when a claimant has a pre-existing condition . The case stands for the proposition that ICBC must prove that but for the pre-existing condition, the Claimant would not have become totally disabled(Kozhikhov…
If you have lost income or vacation time due to a car accident injury, the Insurance Corporation of BC, ICBC, may be responsible for paying some or all of your net wage loss and vacation pay. The following is an outline and checklist for claiming loss of wages and an explanation of the claim for loss…
When it comes to an ICBC report many people ask,”What’s the difference between an ICBC report with a lawyer and an ICBC report without a lawyer . Some people think that if you have nothing to hide you shouldn’t need a lawyer, while others think ICBC may manipulate what you have said if you do…
Personal injury claimants without lawyers should avoid long and unclear court submissions, a lesson from the following ICBC injury claim. This was an appeal from the dismissal of a lawsuit against ICBC for disability benefits related to a car accident which occurred in British Columbia. The Appellant went to court without a lawyer against ICBC…
ICBC Medical Examinations Medical assessments and examinations conducted for the Insurance Corporation of British Columbia, ICBC, will have profound implications on any personal injury claim. Here are some important requirements that must be in place before an injury claimant must attend at an ICBC doctor: 1. Being an ICBC Insured Being insured with ICBC is defined…
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