This claimant did not have a lawyer and his lawsuits against ICBC were dismissed by the court. This decision was clearly to help prevent misuse of the litigation process (Keremelevski v. Insurance Corporation of British Columbia,2011 BCCA 369). What was clear to the Court of Appeal was that the proceedings had no sensible basis in law or fact…
This is an ICBC car crash injury costs case which happened at the intersection of 64th Avenue and 152nd Street in Surrey, BC(Gatzke v. Sidhu, 2011 BCSC 1214). It was dark and raining. The injury claimant was westbound on 64th Avenue and her evidence was that she was planning to drive further along 64th and eventually to turn right and…
When a personal injury claimant suffers a brain injury as a result of a car accident there are many steps that can be attempted in the road to recovery. In Vancouver, BC we have recognized healthcare centres for spinal cord and brain injury. Before making a settlement with the Insurance Corporation of British Columbia, ICBC,…
Since the decision of the BC Court of Appeal in Bradley v. Groves, 2010 BCCA 361, leave to appeal to S.C.C. refused, 2011 CarswellBC 890, it has been much easier for the court to make decisions involving multiple car accidents. In this personal injury case the injury claimant suffered injuries in four car accidents and claims against…
In this punitive damage award against an insurance company,(Sidhu v. The Wawanesa Mutual Insurance Company,2011 BCSC 1117), a family in Surrey, British Columbia, purchased fire insurance and their home was damaged by an accidental fire. Wawanesa refused to pay them for the loss because they alleged the claimants deliberately started the fire in order to recover the…
I have been a personal injury lawyer in Vancouver serving injury claimants all throughout British Columbia since 1995 and have been asked this question about settling ICBC claims many times. I am going to discuss some practical considerations when considering settlement of your ICBC(Insurance Corporation of BC) injury claim. 1. Does ICBC have the medical information and opinion in order…
In a stunning concession by our Supreme Court, the law apparently favours the Insurance Corporation of British Columbia (ICBC) having no legal obligation to inform hit and run injury victims of their legal rights(Morris v. Doe, 2011 BCSC 1053). The injury claimant was injured in a car accident at the intersection of South Fraser Way and Ware…
In this highway truck accident injury claim (Harrington v. Sangha, 2011 BCSC 1035) the at fault driver lost control of a tractor trailer he was driving north on Highway 97 at an “S” turn in the highway, near Sales Road, about 20 km south of Quesnel. He felt his truck slide across the road as the trailer…
In this Vancouver car crash injury claim (Olianka v. Spagnol,2011 BCSC 1013) the ICBC injury claimant was seeking compensation resulting from injuries he suffered when the car he was driving was hit from behind at the intersection of King Edward Avenue and Valley Drive in Vancouver. The other driver admited fault for the car accident and…
A City of Vancouver report released July 20, 2011 found that the total number of collisions reported to ICBC on Dunsmuir Street is down since the introduction of the bike lanes. According to the report, “The Five years 2005-2009 saw between 144 and 193 collisions per year and an average of 164 per year. During the…
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