The Impact of Pre-Existing Injuries on ICBC Pain and Suffering Trial Awards

As discussed in prior blog posts on ICBC pain and suffering awards, damages for pain and suffering (also known as non-pecuniary damages) are intended to compensate an injured claimant for pain, suffering, loss of enjoyment of life and loss of amenities caused by the motor vehicle accident injuries. When deciding the amount to award to…

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Class Action Lawsuit Against ICBC Certified

A Supreme Court of British Columbia judge has certified a class action lawsuit on behalf of injured claimants and ratepayers against ICBC and the Government of BC in relation to making illegal ICBC payments to MSP contrary to the law. In relation to injured claimants, these illegal payments by ICBC are especially egregious for the…

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The Sad Reality of the NDP’s No Fault (Enhanced Care) ICBC Insurance

As we have discussed in prior blog articles, the NDP’s No Fault ICBC insurance has been touted as a perfect fix to a broken ICBC system.  The NDP have spent millions of dollars on advertising to convince British Columbians that this is a great new system that will save them money on their car insurance. …

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ICBC Loses AGAIN at Trial – Double Costs Awarded for ICBC’s Failure to Settle

In prior blog posts, we have written about ICBC’s current strategy of making low offers to settle which drive cases to trial unnecessarily instead of settling for a fair and reasonable amount.  This has resulted in enormous amounts of money being spent by ICBC wastefully with the NDP instead blaming injured claimants.  ICBC’s mismanagement and…

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ICBC Claims: Pre-Existing Injuries & Measurable Risk

In an ICBC claim, the injured claimant must establish on the balance of probabilities that the defendant’s negligence (other driver) caused or materially contributed to an injury.  The defendant’s negligence does not need to be the sole cause of the injury so long as it is part part of the cause beyond the range of…

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Court Refuses to Remove Lawsuit from Fast Track Litigation

When filing a lawsuit against ICBC for a motor vehicle accident injury claim, an injured claimant can choose to pursue it in an ordinary action or in a Fast Track Action (Rule 15) which shortens the entire litigation process making it more cost effective.  There must be a formal election to pursue the action in…

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ICBC Hired Expert Rejected at Trial for Attacking the Injured Claimant’s Credibility

As discussed in prior blog posts, ICBC’s medical experts are hired to provide expert opinions to defend against injury claims.  There are a number of strict guidelines which govern experts and their expert reports.  One guideline requires all court experts to be impartial, independent and absent of bias. If the expert is found to be…

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Injured Claimant NOT blamed for being overweight

As we have discussed in prior ICBC duty to mitigate blog posts, injured claimants have a legal duty to mitigate their injuries and losses from motor vehicle accidents.  In other words, injured claimants have an obligation and a responsibility to take reasonable steps to minimize their losses such as by following medical advice.  If it…

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ICBC’s Request for a Late IME Shut Down – ICBC Criticized for Late Application

At some point during your ICBC claim, you may be sent by your lawyer to an independent medical examination (IME) with a specialist doctor such as a physiatrist, psychiatrist, orthopedic surgeon, etc..  At the IME, the specialist doctor will interview you, review your medical records and examine you.  Following this, an IME report is prepared…

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