This married couple went to court with no lawyer for personal injuries arising from three car accidents. Liability for the car accidents were admitted and both claimants contended they were incapacitated and permanently affected by their injuries. Following a 13 day trial the claimants were awarded very little, under $30,000 each after deductions ( Ma. v. Haniak, 2017 BCSC 549 ). ICBC…
In this personal injury case the claimant, a registered clinical counsellor, was injured when her car was rear-ended while stopped at a stop light at the intersection of Highway 99 and Nesters Road in Whistler, B.C. Fault was admitted and the claimant established injuries to her neck, upper and lower back, right wrist, right leg, and headaches. Her…
For all you ICBC injury claimants, revealing and uncovering the truth about auto giant ICBC can be impossible when the “freedom of information” laws provide ICBC with legal shelter. ICBC is a modern example of a state-run auto insurance enterprise, part of the concept of a planned economy. Despite difficulty finding this information on the ICBC website…
After 22 years as a personal injury lawyer I cannot strees enough how important it is that ICBC claimants avoid making misrepresentations or ommisions when reporting a car accident to the insurance company. This is almost never on purpose but as a result of a hasty reporting with little or no legal advice. However, ignorance…
A 400 year old principle of law that a “promise to pay” is not enforceable has now been changed by the BC Court of Appeal. For ICBC claimants with outstanding accident benefits there is currently a limitation of two years from the last benefit paid. This case may bring a new consideration to the ICBC adjuster’s unfulfilled…
The injury claimant was stopped on Highway 1 at the Prest Road exit ramp when a flatbed truck swerved and struck the left driver’s side of her vehicle. Shaken by the collision, at first the claimant took no notice of any injury. She then developed severe symptoms in the following days. The claimant was found…
ICBC Personal injury caps, wiping out fundamental principles of fairness and compensation. ICBC and the current NDP are poised to extinguish the rights of all British Columbian’s injured in a car accident. On May 5, 2018 there was a large community rally outside the Surrey office of MLA Jinny Sims opposing the introduction of injury…
Can a claim to ICBC be made online? Claimants can make an ICBC dial a claim, a written report, or have a legal advocate report the accident. Importantly however, car accidents that result in personal injury cannot currently be reported to ICBC online. The Insurance Motor Vehicle Act regulations require a written report within 30…
It is not enough for ICBC to simply plead a pre-existing condition in order to obtain a claimant’s medical history after a car accident. The obligation is still on the defendant, ICBC, to make the case in the evidence. Even with a prior auto accident, if the claimant recovered to normal function before the car accident in question,…
Even the best personal injury lawyers seek expert opinion to obtain the highest results for their personal injury cases. So, it is hard to imagine how an ICBC injury claimant could obtain a fair resolution of their claim without a legal advocate. ICBC is pushing an injury cap system in which claimants will not have the benefit…
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