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…
The amount personal injury lawyers can charge for a legal fee is regulated by the Law Society of British Columbia and lawyers are not free to charge whatever they want. Whether the lawyer decides to charge by the hour or based on a percentage, called a contingency fee, a lawyer cannot charge an amount that is…
In some injury claims the Insurance Corporation of British Columbia, ICBC, may deny the claim based on the minimal car damage and low estimated speed of impact. However, the Court in BC has said many a time that damage to a vehicle is not a matter which is necessarily related to the claimant’s injuries. In…
The injury claimant was an accounting student at the time of this head-on car accident(Pisani v. Pearce,2012 BCSC 1118). One of the key issues related to the extent her symptoms may impact her plan to become a chartered accountant. The claimant was driving downtown Vancouver and was returning home to their mother’s home in Coquitlam. The…
As a practicing lawyer in British Columbia since 1995 much of my legal work has been done assisting claimants after car accidents. I want to make just a few comments in this article on the type of legal assistance a claimant needs after being involved in a car accident in our Province. Lawyers to help with the first steps following…
In this loss of farm earning capacity car accident case(Verge v. Chan,2012 BCSC 876) the claimant’s vehicle was hit head-on at the intersection of Summit Drive and Chilcotin Crescent in Kelowna. The injury claimant suffered soft tissue injuries to her neck and back, a fractured right talus, bruising to and pain in her chest, and…
The claimant, a registered massage therapist, was injured in a motor vehicle accident(Combs v. Moorman,2012 BCSC 1001) when her car, which was stopped, was struck from behind in New Westminster, BC. Her vehicle was pushed into oncoming traffic and struck again head on by another vehicle. ICBC participated directly in the personal injury lawsuit as a Third Party and the…
This personal injury case involved four car accidents for which liability was admitted(Demidas v. Poinen, 2012 BCSC 416). The Insurance Corporation of British Columbia (ICBC), on behalf of the defendants, said that the injury claimant was an unreliable witness and deliberately exaggerated his claims. In each of his ICBC statements following the four accidents, he listed numerous complaints…
In this offer to settle personal injury case(Bartel v. Milliken,2012 BCSC 971) the court makes it clear that withdrawing an offer does not weigh against the awarding of double costs. In this car accident personal injury case the injury claimant made an offer to settle her claim one week before the trial. The offer was not…
This BC Court of Appeal case reiterates the distinction between loss of earnings and loss of earning capacity(Ibbitson v. Cooper, 2012 BCCA 249) in BritishColumbia personal injury cases: While in many cases the actual lost income will be the most reliable measure of the value of the loss of capacity to earn income, this is not…
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