This personal injury summary trial,(Parmar v. Lahay, 2011 BCSC 1628) pursuant to Rule 9‑7 of the Supreme Court Civil Rules, involved a motor vehicle accident that occurred one year before the hearing. There was no claim for loss of wages or any future loss of capacity and the only question was how much compensation should be awarded for pain and suffering.…
ICBC will often, through their lawyer in the personal injury litigation, cross-exam the injury claimant on any reports to the ICBC Dial-a-Claim service about a car accident. The Dial-a-Claim Representative interprets the information being conveyed over the phone and creates an internal document which is attached to the injury claimant’s file. I have found, in my…
Personal injury lawyers in British Columbia are always being asked to help get the Insurance Corporation of British Columbia, ICBC, to pay for medical expenses that are not covered by the Medical Services Plan. In this private medical cost car accident injury claim(Engqvist v. Doyle, 2011 BCSC 1585) Judge Rogers in Kelowna found that the injury…
This was a personal injury case appeal from Master Taylor(Scott v. Ridgway, 2011 BCSC 1552), who ordered the claimant to attend for a second medical examination regarding her functional capacity. I have reviewed several prior personal injury cases where ICBC has been denied second medical examinations. Anyone being asked to attend more than one medical examination for for…
In this ICBC hit and run personal injury case (Paguio v. Fraser, 2011 BCSC 1519) the claimant was riding his motor scooter on Knight Street in Richmond heading to his workplace in south Vancouver. The injury claimant had just purchased the scooter the morning of the accident and had not ridden a motorcycle in any meaningful way…
The Insurance Corporation of British Columbia (ICBC) was required to defend a car accident personal injury claim which occurred near Merritt, British Columbia(Wittich v. Bob,2011 BCSC 1471).The claimant retained a Coquitlam law firm to act for her and that firm commenced the civil lawsuit in the New Westminster Registry. After the lawsuit was filed that provided for the place…
The claimant was five years of age and was a back seat passenger in a car being driven by his uncle. Their car was in the midst of making a left turn in the intersection of 49Th Avenue and Knight Street in the City of Vancouver when it was hit by another car going southbound . This case involved issues…
The claimant was injured in a car crash in Roberts Creek on the Sunshine Coast near Gibsons, British Columbia (Milliken v. Rowe, 2011 BCSC 1458). While the injury claimant was turning left at an intersection the other driver attempted to pass on the left striking the driver’s side of the claimant’s car. The personal injury claimant was 37 when she was…
The injury claimant was 12 years old when he fell out of the back of a open bed of the truck near Chase, B.C. (Vedan v. Stevens, 2011 BCCA 386). Several children were allowed to ride in the open bed of a truck, rather than in the cab where they would have had seats and seat…
The Statutory powers of the Insurance Corporation of British Columbia, ICBC, are concurrent with an obligation that it pay innocent injury claimants if they are injured by uninjured drivers or driver’s that breach their insurance, such as drinking and driving in a car crash. In this uninsured ICBC personal injury case (Shapiro v. Dailey, 2011 BCCA…