ICBC Tries to Delay Injury Trial and Loses

If ICBC is not ready for trial, it can apply to the court for an order adjourning (rescheduling) it to a later date.  The court will not automatically adjourn a trial.  There is a heavy burden on ICBC to prove why an adjournment is necessary before the order is granted.  If the order is denied,…

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ICBC Claims: Pre-Existing Injuries & Measurable Risk

In an ICBC claim, the injured claimant must establish on the balance of probabilities that the defendant’s negligence (other driver) caused or materially contributed to an injury.  The defendant’s negligence does not need to be the sole cause of the injury so long as it is part part of the cause beyond the range of…

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ICBC’s Insane Profits and ICBC’s 6% Disbursement Cap – J. Small Interviewed by Canadian Lawyer Magazine

Canadian Lawyer Magazine reports on and delivers award winning content on important legal issues throughout the country. Jacqueline Small of our firm has been interviewed several times on issues relating to personal injury law in British Columbia by Canadian Lawyer Magazine. Ms. Small was recently featured in Canadian Lawyer Magazine’s story about ICBC’s 6% disbursement…

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Using Dash Cam Footage in a Personal Injury Case

Dash Cam Footage in Your Injury Claim In an ICBC injury case dash cam footage can be the best evidence. When the fault for an accident is in question, video footage makes the difference. The issue of liability can  largely be determined with strong evidence of video. Credibility and reliability are therefore very much ancillary…

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Vancouver ICBC Lawyer – The Dos and Don’ts of ICBC Surveillance

ICBC uses surveillance to investigate injured claimants and ICBC injury claims.  Typically, ICBC uses surveillance when the ICBC adjuster is suspicious about the true nature and extent of the injuries claimed.  It is also used when ICBC questions whether injured claimants are truly unable to work due to their injuries. When ICBC wants to conduct…

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Vancouver ICBC Lawyer – Can you make a claim against ICBC to recover Vacation Days used for your injuries?

If you are unable to work because of injuries suffered in a motor vehicle accident, there are various options available to pursue to replace lost income.  This includes applying to receive sick pay or Employment Insurance (EI) for sickness benefits.  If there is disability coverage through your employer, you may be eligible to receive short…

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Vancouver ICBC Lawyer – ICBC Accelerated Depreciation – Is Your Vehicle Worth Less Because of a Motor Vehicle Accident?

If your vehicle has been damaged and the cost of repairs is more than $2,000.00 as a result of a motor vehicle accident, then if you choose to sell this vehicle you must declare the accident to the prospective buyer.  A damaged/repaired vehicle is considered less valuable with a lower resale value. If your vehicle…

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Vancouver ICBC Lawyer – New ICBC No Fault Insurance Explained – What is No Fault?

The NDP have quietly passed a new law that will dramatically change ICBC and the rights of the injured.  The new change to ICBC is No Fault Insurance.  The NDP and ICBC are doing their best not to call it No Fault Insurance and instead are labeling it “Enhanced Care Coverage” in a likely effort…

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Enhanced Care ICBC Style: Losing Your Right to Sue

ICBC Enhanced Care 2021, celebrated by NDP government, received Royal Assent Friday, Aug. 14, 2020. Auto injury victims need to prepare for the worst. Our Attorney General David Eby has coined ICBC no fault auto insurance as “ICBC Enhanced Care”. The Enhanced Care at ICBC will mean the elimination of compensation for pain and suffering.…

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Claiming for Personal Injury after a Car Accident

ICBC Injury Claims As a personal injury lawyer for over 25 years I am now asked, “can I still get compensation after a car accident?”  Yes, ICBC compensation is still available, but will soon be eliminated by the NDP. How much to claim and when ICBC will pay is changing. Contact a lawyer immediately and…

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