ICBC Not Required to Pay Car Accident Benefits for Amercian Insured-Power of Attorney and Undertaking

This case,Moldovan v. ICBC, started as an injury claim for ICBC Part 7 accident benefits(or “no fault benefits”) arising out of a motor vehicle accident which occurred in Coquitlam, British Columbia. I have been a personal injury lawyer in Vancouver representing injury claimants against ICBC since 1995 and can say this case is yet another example of the…

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ICBC Pays for all lawyers appeal to Top Court in Personal Injury Case

In this puzzling  ICBC  top appeal on an award for income loss (Laxdal v. Robbins, BCCA) the injury claimant was involved in a four car motor vehicle accident on Bowen Road near the intersection of Pryde Avenue in Nanaimo, B.C.  Fault for the accident was admitted but at issue was whether the claimant suffered any injuries in the accident and, if so,…

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Vancouver Car Accident Claimant Migraines not Due to Accident

This Vancouver car accident injury claim(Helgason v. Bosa)  occurred at the intersection of Victoria Drive and Hastings Street in Vancouver BC.  The injury claimant was southbound on Victoria Drive and was stopped at a red light prior to entering the intersection at Hastings.  When the light turned green, she proceeded into the intersection.  The other driver…

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ICBC Injury Claimant Must get Award for Pain and Suffering if Treatment is Required

Three Judges of our top court ordered a new trial after a personal injury jury awarded an injury claimant $1,000 for out-of-pocket expenses and nothing for pain and suffering(Banks v. Shrigley)  nor cost of future care.The Honourable Mr. Justice Mackenzie stated: “It is illogical to conclude that a plaintiff was injured and suffered out of pocket expenses but did…

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Top Accident Claim Lawyers Must Respond to Admission Requests in a Timely Manner

The best accident lawyers in British Columbia need to be aware of the top civil rules of court. This court  application was brought by the injury claimant, after firing his lawyer,  for an order allowing him to withdraw admissions of fact(Piso v. Thompson) which occurred due to his prior lawyer’s failure to respond to a Notice to Admit delivered by…

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ICBC Doctor Cannot Force Injury Claimant to Waive Right to Sue

As a personal injury lawyer in Vancouver I was not amazed that the claimant sued an ICBC hired doctor, his claim being dismissed. I was surprised that this ill conceived court application, to force the claimant to sign a release(Mund v. Braun) “agreeing” not to sue the insurance company doctor, made it past the courthouse steps.  This injury claim arises…

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Accident Claimant Suffers Whiplash But Not Fibromyalgia as Her Doctor Found to be a Biased Advocate

This personal injury case(Warkentin v. Riggs)  involved a claim for losses due to injuries that the claimant sustained in a motor vehicle accident . The injury claimant  was driving west on Old Clayburn Road near the intersection of Old Clayburn Road and Immel Street in Abbotsford.  A  pickup truck struck the claimant’s vehicle on the passenger side and the force of the…

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ICBC Injury Settlement Not Upheld by Court and Judge Orders Adjuster to be Cross-examined

In this ICBC Settlement case(Johnson v. Wells) the ICBC adjuster claims the two car accidents were settled for $7,5000 whilst the personal injury lawyer for the claimant says he only represented the claimant for the first car accident, so only the first accident was settled.  the injury claimant swore that he never hired his injury…

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Hit and Run Injury Claimant Wins- ICBC Allegations Struck Down by Court

In this hit and run motorcycle accident case (Nicholls v. Emil Anderson Maintenance Co. Ltd.) the  Insurance Corporation of British Columbia ( ICBC) lawyers were seeking  a court order dismissing an unidentified driver claim brought against it, on the basis that the injury claimant failed to take reasonable steps to ascertain the identity of the driver responsible for the…

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Personal Injury Lawyer Convinces Court two Injuries are Indivisible and Should be Awarded Jointly and Severally

The injury claimant in this personal injury case  had the misfortune of being involved in two motor vehicle accidents (Chalmers v. Russell).  In the first accident the claimant was driving on Dollarton Highway.  She had stopped at a red traffic light and then once the light turned green, was accelerating forward and passed under an overpass that was leading…

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