ICBC Claims Chart for Personal Injury

Seeking advice about the value of an ICBC claim? As a lawyer I am often asked whether there is list to go to find out how much a particular personal injury is worth. Essentially a list of body parts and corresponding compensation amounts for each area of the body. For example, $25,000 for whiplash to the…

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ICBC Insurance Claim Application Important In Personal Injury Case

In this minor damage car accident case ICBC denied the claim but the claimant sought a large award for personal injury damages. ICBC said that the claimant  responded to ICBC’s denial of her claim by alleging injuries and losses that were not real or were not caused by the collision. The ICBC accident claim form she completed was not…

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Claimant Must Pay ICBC Legal Fees for Failure to Accept Settlement Offer

When this personal injury decision came out awarding $36,042.30  I called it A Case Study into What Not to Do in an ICBC Injury Claim. The ICBC claimant had sought an award of damages exceeding $2 million and after 33 days in trial almost all of the claims of loss were dismissed. In this follow up decision the Judge awarded ICBC…

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Legal Analysis for Multiple Car Accident Whiplash Claims

This ICBC personal injury claim arose out of two rear-end motor vehicle accidents.  The claimant  was involved in a third accident in which he was at fault. The question arose as to what impact, if any, the claimant’s responsibility for the third accident should have on the defendants’ liability for the consequences of his injuries (Derksen v. Nicholson,Insurance…

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Whiplash Award Reduced to $30,000 for failure to follow Medical Advice

In this whiplash soft tissue injury case the claimant was injured in three motor vehicle accidents and fault had been admitted by the Insurance Corporation of British Columbia ICBC (Gupta v. ICBC et al, 2015 BCSC 608).  The judge however awarded the claimant $45,000 for pain and suffering but reduced it to $30,000 stating: [the claimant] has…

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When ICBC must pay for Your Lost Wages and Lost Vacation Pay

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…

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Vancouver Car Accident Report to ICBC

Learn about reporting a car accident in Vancouver. Here are some helpful links to checklists and articles about when, where, why and how to report a car accident in Vancouver to  the Insurance Corporation of British Columbia, ICBC: Report Accident to ICBC with a Lawyer VS. Without a Lawyer: Is there a Difference? Making an ICBC…

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Failure of Expert to Testify Weakens Personal Injury Claim

Successful ICBC personal injury claims require expert medical opinions, especially  in the Supreme Court of British Columbia.  As we learn in today’s case review, not calling an important medical expert as a witness at trial can led the Court to infer that the evidence of the medical expert would not have assisted the claimant’s  case (Espinoza…

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ICBC Settlement Money and Divorce – Does your Spouse get Half?

Settlement money for pain and suffering awards are excluded from family property division in British Columbia so your ex-wife or ex-husband is not entitled to half. However, it is critically important in a family law proceeding to have evidence and demonstrate to the court that the ICBC settlement award is in fact excluded. As a personal injury…

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Report Accident to ICBC with a Lawyer VS. Without a Lawyer: Is there a Difference?

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…

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