Voluntary payments made by ICBC to victims of personal injury is a signal that the current system is inadequate. Without ICBC advanced payments made on the basis of third party liability coverage many claimants would not be able to survive after an accident related injury. Here are 3 basic accident benefits you can expect if you…
This ICBC injury insurance Appeal case concerned the nature of the claim for injury benefits under Part 7 of the Insurance Regulations and the interpretation of s. 96(f) of the Regulation when a claimant has a pre-existing condition . The case stands for the proposition that ICBC must prove that but for the pre-existing condition, the Claimant would not have become totally disabled(Kozhikhov…
The Court Appeal has made it clear in this personal injury case that an award for loss of future earning capacity reflects the exercise of judgment framed by clearly articulated factual findings. To require the trial judge to say more than he did in this case would be to impose an impossible burden on trial judges (Fadai…
In this fast track personal injury claim the defendants sought an order for production of various documents and records, including photographs and videos from the claimant’s social media accounts or platform (Wilder v. Munro,2015 BCSC 1983). ICBC has been known to use social media photos against innocent victims of personal injury in an attempt to discredit their injuries. This…
The court has allowed the late admission of policy guidelines as ICBC is sued for maliciously prosecuting charges of uttering false statements. The allegation is that the Insurance Corporation of British Columbia, and its investigators ignored evidence, mischaracterized evidence, and fabricated evidence to support charges of uttering a false statement against the claimant and her husband…
In this twisted car accident injury case the ICBC claimant asked for $3 million and received only $62,900 for his injury after a Supreme Cour trial. He was also denied his legal costs. The claimant lost his appeal on the issue of quantum but the Court of Appeal found that as the successful party he was entitled to…
ICBC has lost this important injury insurance law appeal, the court concluding that the word “use” includes the grabbing of a the steering wheel by a passenger(Felix v. Insurance Corporation of British Columbia,2015 BCCA 394). This bold decision by Madam Justice Bennett brings insurance coverage to all British Columbia passengers that take control of a vehicle, when it…
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…
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…
This ICBC claimant was involved in a motor vehicle accident while driving a vehicle which was insured by the Insurance Corporation of British Columbia, ICBC. The claimant reported the accident to ICBC without a lawyer and in so doing made a number of statements regarding the circumstances of the collision. ICBC refused to pay the claimant for his vehicle, alleging the…