When to refuse an ICBC offer of settlement, was a topic discussed in the trial judges decision and this is the personal injury claimants self appeal to the BC Court of Appeal(Gatzke v. Sidhu, 2013 BCCA 261) . The the injury claimant did not have a personal injury lawyer at her appeal and the court…
How much an injury victim gets for pain and suffering after a car accident in ICBC claims and other personal injury cases can be reduced by the court for not following medical treatment. In this case, after suffering a car accident injury in which medication was initially taken with success and then abandoned for no good reason,…
In this ICBC pedestrian hit and run accident case(Nadeau v. Okanagan Urban Youth & Cultural Assn.,2013 BCSC 55) the personal injury claimant was dragged under a vehicle at the Bluffs outdoor music venue located on an Indian Reserve on the west side of Lake Okanagan, directly across the lake from the City of Kelowna. The…
In this ICBC disc disease car accident case(Peso v. Hollaway,2012 BCSC 1763) the claimant was returning from Osoyoos when he stopped his vehicle on 104th Avenue, in Surrey and came across two other motorists in an altercation. He was about to provide assistance when a vehicle reversed and struck the claimant’s car. The claimant’s car only sustained $1,500 of damage. The Insurance…
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 car accident injury claimant was awarded over $1.6 million for personal injury after deduction of welfare payments(Campbell v. Swetland, 2012 BCSC 423). This personal injury claim arose from a motorcycle and automobile collision that occurred when the claimant was riding her red 2010 Triumph motorcycle northbound on Highway 6 when the south bound defendant, driving a white 1998 Subaru…
The injury claimant was injured when the car she was driving was rear-ended by another vehicle(Fell v. Morton,2012 BCSC 428). Fault for the accident was admitted but causation and quantum remained in dispute likely by the insurer ICBC , given that the car accident occurred in British Columbia. The questions were whether the back and neck pain and…
The injury claimant was a 32-year-old plumbing apprentice when he was seriously injured in a head-on collision(Cassells v. Ladolcetta,2012 BCCA 27). The claimant was driving his car in the westbound centre lane of Canada Way, one of Burnaby’s major east-west connectors. As he approached Canada Way’s uncontrolled intersection with Sprott Avenue, the other driver, intending to turn…
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…