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…
With 25 years experience as a lawyer working for rear-ended injury Claimants, I have a few suggestions about ICBC injury claims and dealing with ICBC. “I just got rear-ended today should I call ICBC?”- if this sounds like you or someone you know, read on. Rear end collisions are common but different than most other…
In this low back personal injury case the claimant was driving southbound on Willingdon Avenue in Burnaby, B.C. when he was struck on the driver’s side as he approached Maywood Street. At issue were claims for pain and suffering, past and future wage loss, and the cost of future care. A key issue was whether an L1…
As a personal injury lawyer dealing with ICBC since 1995, having settled hundreds of injury cases, there are three certainties I have come to expect in every case. No matter the age, sex, or work ability of the claimant, here are three realities claimants should know about ICBC settlements: The claimant will be required to sign…
As ICBC Claims Lawyers part of our job is protecting personal injury claimants from broad requests for disclosure of medical, employment and school records. There are limits to what ICBC and other defendant insurers can expect to receive early in the litigation, and the BC Court of Appeal agrees. In the case of Century Services Inc.…
In this personal injury case a formal ICBC offer to settle in the amount of $77,400 was accepted by the claimant just two weeks before an 8 day trial. ICBC conducted surveillance of the claimant starting the day after the defendant made the offer to settle. The defendant’s therefore claimed the cost of the investigation…
The following personal injury case will be used as a case study into what not to do as a personal injury claimant. Almost everything a personal injury claimant should not do after a car accident, is contained in this injury case (T. v. ICBC, 2015 BCSC 359). The trial judge should be commended, if not compensated…
Determining the appropriate amount of money in a personal injury case for pain and suffering is and assessment and not a calculation. This assessment was made difficult in the following personal injury case when the court was forced to consider the opinion of an argumentative ICBC paid doctor (Redmond v. Krider, 2015 BCSC 178). Mindful of the…
In this ICBC personal injury case the claimant sought injury compensation of over $865,000, with loss of future earning capacity at over $618,000. ICBC, the insurer, argued that the claimant should not receive more than $89,000( Camilleri v. Bergen, 2015 BCSC 124). The claimant was injured in a motor vehicle collision and there was largely consensus…
This significant unanimous decision has effectively done away with double costs for ICBC and other disability insurance companies in civil claims where the plaintiff obtains an award for less than an offer to settle (C.P. v. RBC Life Insurance Company, 2015 BCCA 30). The important issue in this BC Court of Appeal case was the availability of double costs…