In this low velocity car accident injury case (Naidu v. Gill,2012 BCSC 1461) the injury claimant waited over one year to report his accident to the Insurance Corporation of British Columbia, ICBC. The accident took place when the claimant was rear ended near the intersection of 88th Avenue and Fraser Highway in Surrey, BC. This…
In this late filed personal injury lawsuit(Tolentino v. Gill, 2012 BCSC 1383)the claimant was injured in a car accident and met with an ICBC adjuster soon after the accident. The insurance adjuster, employed by the Insurance Corporation of British Columbia (ICBC), was aware that the claimant had not talked to a lawyer and advised him…
In my negotiating experience as a personal injury lawyer most cases involving the Insurance Corporation of British Columbia, ICBC, settle based on offers made before the beginning of a trial. It is not uncommon for injury claimants to receive offers of settlement from ICBC before the claimant has hired a lawyer and before the injury has…
In this bad faith ICBC claim(Shaffner v. Insurance Corporation of British Columbia, 2012 BCSC 1263) the Insurance Corporation of British Columbia denied the plaintiff’s claim under an insurance policy alleging she had falsely declared that she was the principal operator of the vehicle. As well, ICBC took the position that the plaintiff had made false representations material to…
In this child soft tissue injury claim (Maya Naks v. Hesse, 2012 BCSC 1328) the 6 child’s vehicle was travelling eastbound on 49th Avenue, in Vancouver, British Columbia when another vehicle failed to stop at a stop sign and her car hit the left side of the defendant. An ambulance attended at the scene of the…
I have been hired as a personal injury lawyer for claimants dealing with ICBC at every different phase of a personal injury case: Immediately after the car accident, months after the injury, or even after the claimant has hired another lawyer. There are certainly better points in a case to have the benefit of legal…
In this Langley car accident injury claim( Charles v. Dudley, 2012 BCSC 1301) the Supreme Court Judge was critical of the injury claimant putting forward all her medical experts before she took the stand.This decision may prove somewhat controversial in civil trial advocacy circles because this approach has come to be used by some personal injury…
I have written extensively on the best way to find a lawyer for an ICBC claim and as the boss of a personal injury law firm in Vancouver I have had to consistently update the firm with leading ethical guidelines and strive for the highest client satisfaction. This article will focus on the “when, where,…
After suffering injuries in what ICBC referred to as a low velocity impact car accident the trial judge awarded the claimant $115,975 for cost of future care in addition to awards for pain and suffering and out of pocket expenses. Read my review of the trial judge decision. The BC Court of Appeal has reduced the award for…
In British Columbia people that are injured in hit and run car accidents can claim against the Insurance Corporation of British Columbia, ICBC, for their losses. There are however many limitations and exceptions as this money is coming from an uninsured recovery fund and not from an existing insurance policy. I have written several articles…