The Sad Reality of the NDP’s No Fault (Enhanced Care) ICBC Insurance

As we have discussed in prior blog articles, the NDP’s No Fault ICBC insurance has been touted as a perfect fix to a broken ICBC system.  The NDP have spent millions of dollars on advertising to convince British Columbians that this is a great new system that will save them money on their car insurance. …

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ICBC Loses AGAIN at Trial – Double Costs Awarded for ICBC’s Failure to Settle

In prior blog posts, we have written about ICBC’s current strategy of making low offers to settle which drive cases to trial unnecessarily instead of settling for a fair and reasonable amount.  This has resulted in enormous amounts of money being spent by ICBC wastefully with the NDP instead blaming injured claimants.  ICBC’s mismanagement and…

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Cyclist in Dedicated Bike Lane 15% At Fault for Attempting to Pass a Right Turning Vehicle

The Motor Vehicle Act provides guidance on the conduct and responsibilities of drivers and cyclists on roadways.  While the Motor Vehicle Act does not define cycles as vehicles, the Court of Appeal in Ormiston v. ICBC 2014 BCCA 276 noted that Section 183(1) of the act “imposes on the operator of a bicycle the same…

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Court Refuses to Remove Lawsuit from Fast Track Litigation

When filing a lawsuit against ICBC for a motor vehicle accident injury claim, an injured claimant can choose to pursue it in an ordinary action or in a Fast Track Action (Rule 15) which shortens the entire litigation process making it more cost effective.  There must be a formal election to pursue the action in…

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ICBC Hired Expert Rejected at Trial for Attacking the Injured Claimant’s Credibility

As discussed in prior blog posts, ICBC’s medical experts are hired to provide expert opinions to defend against injury claims.  There are a number of strict guidelines which govern experts and their expert reports.  One guideline requires all court experts to be impartial, independent and absent of bias. If the expert is found to be…

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Injured Claimant NOT blamed for being overweight

As we have discussed in prior ICBC duty to mitigate blog posts, injured claimants have a legal duty to mitigate their injuries and losses from motor vehicle accidents.  In other words, injured claimants have an obligation and a responsibility to take reasonable steps to minimize their losses such as by following medical advice.  If it…

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ICBC’s Request for a Late IME Shut Down – ICBC Criticized for Late Application

At some point during your ICBC claim, you may be sent by your lawyer to an independent medical examination (IME) with a specialist doctor such as a physiatrist, psychiatrist, orthopedic surgeon, etc..  At the IME, the specialist doctor will interview you, review your medical records and examine you.  Following this, an IME report is prepared…

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The Harsh Reality of the ICBC Disbursement Limit – NDP Provides ICBC with No Limitations in Defending Against Claims

In previous blog articles on the ICBC 6% disbursement cap, we discussed this new law that the NDP quietly passed with the sole purpose of saving ICBC money by prejudicing against an injured claimant’s ability to present his/her case.  This new law limits the amount of disbursements recoverable from ICBC to 6% of the total…

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2021 Pain and Suffering Awards for a Broken Leg

Damages for pain and suffering, which are known as non-pecuniary damages, are intended to compensate an injured claimant for pain, suffering, loss of enjoyment of life and loss of amenities. In deciding the amount of pain and suffering to award to an injured claimant, the court will take into account several factors.  These factors include…

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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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