Despite ICBC Refusal to Pay Accident Injury Benefits the Court of Appeal Forces Payment

This ICBC accident injury case(Hagen v. Insurance Corporation of British Columbia,2011 BCCA 124) poses the question of whether a driver of a motorcycle with a Class 6L learner’s licence is in breach of the Motor Vehicle Act Regulations where, having made arrangements to be followed by a supervisor, the learner was not within sight of…

Read more

Personal Injury Award for Knee Injury Upheld by the Court of Appeal

In this knee injury appeal(Bradshaw v. Matwick,2011 BCCA 111) the claimant was injured when his vehicle was rear-ended and the other driver admitted fault for the accident. The at fault driver accepted that the claimant suffered soft tissue injuries to his neck and back in the accident but  argued  that an injury to the claimant’s knee was unconnected to the…

Read more

$12.4 Million Car Accident Jury Award for Soft Tissue Injury Too High for Claimants Actual Losses

This jury award was first reduced by the trial judge and in this decision by the Court of Appeal in Vancouver the award was totally wiped out, requiring the injury claimant to start her lawsuit all over again. The claimant was injured in three motor vehicle accidents (Ciolli v. Galley, 2011 BCCA 106, Vancouver) and alleged she…

Read more

ICBC Ordered to Advance over $30,000.00 to Injury Claimant for Trial Adjournment

In this multiple car accident injury claim(Kailay v. ICBC, 2011 BCSC 263) ICBC, the Insurance Corporation of British Columbia, was seeking an adjounment due to new developments in the case which included a recent pregnancy and complicating psychological overlay arising from it. The ICBC lawyer asked for more time to prepare the defence case as they have to respond to fresh opinion…

Read more

Hit and Run Driver Escapes and Injury Claim Dismissed Against ICBC

In an unfortunate turn of events this innocent injury claimant was denied compensation against ICBC in a hit and run car accident in Abbotsford, British Columbia(Morris v. Doe, 2011 BCSC 253). The claimant was injured in a motor vehicle accident at the intersection of South Fraser Way and Ware Rd. in Abbotsford when her husband was driving…

Read more

ICBC Dial-A-Claim Car Accident Injury Report- A Checklist for First Contact

When injury claimants contact my law firm after a car accident they have either reported the accident to the Insurance Corporation of British Columbia, ICBC, or not.  As with most other insurance companies the Insurance Corporation of British Columbia requires that an insured file an injury claim within a certain time and in a particular…

Read more

Bicycle Accident in Vancouver Results in Minor Back Injury Award to Car Accident Claimant

The injury claimant in this ICBC bike accident case (Dempsey v. Oh, 2011 BCSC 216) was riding his bicycle on 16thAvenue in Vancouver  when he collided with a panel van.  In addition to scrapes and bruises, the claimant said he suffered soft tissue injury which were so debilitating that he could not perform his work as a real estate…

Read more

ICBC Settlement of Car Accident Injury Claims Overturned as Lawyer had No Authority

The litigants  in this multiple car accident ICBC injury case (Johnson v. Wells, 2011 BCSC 201) return to court to complete their arguments on whether there was a settlement of an injury claim with an ICBC adjuster. In an earlier decision in this ICBC car accident settlement case the  Supreme Court of BC ordered cross-examination of the Insurance Corporation of British…

Read more

Mother in Car Accident Gets Compensation for Psychological Injury Upon Death of Her Daughter

A Vancouver mother was involved in a car accident  just east of Golden, B.C. while on her way to Banff on a holiday trip with her family and friends. She was in the right rear seat, and her daughter, aged nine, was in the centre of the rear seat.  Their vehicle crossed the centre line and collided…

Read more

A Claim for Psychological Injury after Witnessing a Car Accident Dismissed By Court

This  psychological injury car accident lawsuit ( Deros v. McCauley,2011 BCSC 195) was brought by a witness to a car accident.  The accident occurred on Highway 97, north of Bear Lake, B.C.  the claimant was part of a crew installing rumble strips on the highway. The injury claimant said that, as a result of witnessing the accident in which a vehicle struck…

Read more