Bad News for those Injured in Car Accidents Settlements with ICBC to compensate for pain and suffering are ending. The BC NDP has created laws to prevent innocent victims of car accidents obtaining compensation for these losses. The current government have extinguished individual rights in favour of increasing the powers of the auto monopoly ICBC.…
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…
How much ICBC pays for injury claims will plummet after May, 2021. Most will not have lawyers. ICBC settlements in 2021 will be unlike any other year in our history. Car accident injury claimants after May 1, 2021 will no longer be given compensation for loss of enjoyment of life. Let’s explain ICBC settlements for…
In the past year, an unusual number of ICBC cases have proceeded to trial. This is in large part due to ICBC’s current tactic of offering unreasonable and low ICBC settlement offers. As a result, numerous trials have been adjourned and postponed because there simply are not enough judges or courtrooms to handle the amount…
In previous blog posts, we have discussed ICBC loss of housekeeping awards. Whether you are entitled to compensation for loss of housekeeping capacity from ICBC will depend on whether your injuries have impacted your ability to perform your usual housekeeping duties. The idea of compensation for loss of housekeeping capacity is that your ability to…
The Offers of Settlement ICBC offered to settle this personal injury case for $265,189.30, plus costs one month before trial. The claimant delivered an offer to settle in the amount of $475,000. A jury awarded $105,200. The claimant’s car was rear-ended In this accident and Fault was admitted. Should ICBC be entitled to the costs…
When negotiating settlement with ICBC, it is important to provide information supporting the amount claimed for pain and suffering (also known as non-pecuniary damages). Guidance for what constitutes a fair and reasonable ICBC settlement comes from prior case law. When researching prior trial awards, it is important to find cases which involve similar facts. When…
We are very pleased to announce a significant win for Holness and Small Law Group against ICBC at trial for our client. We were trial counsel for a 56 year-old site superintendent who was injured in a motor vehicle accident in 2015 when he was rear-ended at a high rate of speed. At the time…
Civil Resolution Tribunal, CRT, has made it’s first ICBC minor injury decision arising out of a car accident injury claim. The claimant settled with ICBC for for $6,890 but later found out he had a disc bulge. ( first CRT ICBC Minor Injury Decision) However, ICBC was allowed to settle the case before the disc…
In a previous blog post, we discussed certain circumstances where an accepted ICBC settlement offer can be overturned and rejected. The question then is whether you can also reject an accepted offer from a private non-ICBC insurance company relating to medical malpractice injury claims, slip and fall injury claims and private property injury claims. Overturning…
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