A dismissal of a claim against ICBC (Karbalaeiali v. Insurance Corporation of British Columbia, 2022 BCCA 223) was the subject of this appeal. The ICBC claimant was injured in two motor vehicle accidents and settled his claims for damages and benefits. Before settlement of the claims, he had difficulty obtaining no‑fault benefits and negotiating a…
Insurance Corporation of British Columbia and David Eby, the Minister Responsible for ICBC Before Attorney General David Eby brought in ICBC no-fault auto insurance he told the public this would not happen. Mr. Eby said no-fault auto insurance would not be considered. Injury victims relied on Mr. Eby to be truthful and continued to pursue…
Injury Claimants Now Entitled to Fair Costs Auto insurance monopoly ICBC has lost the ability to deny injury claimants case costs in this dramatic Supreme Court ruling ( ICBC 6% rule overturned). ICBC claimants can now obtain more money to compensate for case expenses. Many of these injury cases have dragged on due to ICBC’s…
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,…
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…
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…
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…
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…
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…
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…