ICBC Settlement Amounts – $100,000.00 for Permanent Neck, Back and Shoulder Pain

In Reely v. Zhu 2020 BCSC 1520, the injured claimant suffering numerous injuries in a motor vehicle accident when her vehicle was struck by the defendant who ran a red light. The injured claimant was 29 years-old at the time of the motor vehicle accident and she was 34 years-old at the time of trial. …

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NDP No-Fault Auto Insurance will Increase Injury and Death

The NDP no fault auto insurance will become law to benefit auto monopoly ICBC in May, 2021. However, people in British Columbia have not been told of the potential for these changes to result in more injuries and death on our roads. As the personal responsibility of guilty driver is eliminated, so to will the…

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ICBC Claims – Duty to Mitigate and to Follow Medical Advice

Injured claimants have a legal duty to mitigate their injuries and losses from motor vehicle accidents. What this means is that injured claimants have an obligation and responsibility to take reasonable steps to minimize their losses such as by following medical advice.  If it is proven that an injured claimant failed to mitigate their injuries…

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ICBC Hit & Run Claim Dismissed at Trial due to Failure of Injured Claimant to Question Hells Angel

If you are injured in a hit and run accident, it is not enough for you to simply call the police and report the motor vehicle accident to ICBC.  The law in British Columbia requires you to take certain steps to identify the driver who fled the scene.  If these steps are not taken, then…

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Injury Claims and the Impact of Unreliable Information Provided to Medical Experts

The assessment of an injured claimant’s credibility and the reliability of his/her evidence is pivotal in any personal injury claim. An injured claimant who accurately describes his/her symptoms and circumstances before and after an accident without minimizing or embellishing them can reasonably anticipate that the court will find his/her evidence to be credible and reliable.…

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Early Retirement Because of Injuries Suffered in a Motor Vehicle Accident

Injuries suffered in a motor vehicle accident can cause some individuals to retire earlier than planned especially if the injuries interfere with the ability to continue working. Claims for wage loss from early retirement are often very contentious. ICBC and other insurance companies often will argue that it is impossible to know exactly what would…

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Medical Malpractice & ICBC Claims – What Happens if your Injuries are Worsened by Incorrect Medication Prescribed by your Doctor?

Medication is often prescribed to claimants who are injured in motor vehicle accidents to help manage pain and to help control psychological injuries such as depression. What happens if your doctor prescribes a medication incorrectly and you suffer from additional or worse symptoms as a result? Is ICBC liable for the full extent of your…

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ICBC Claim for a Motor Vehicle Accident in the USA

*written by Vic Maan, Associate with Holness and Small Law Group If you are injured in a motor vehicle accident in the US and the negligent driver was driving a vehicle with US licence plates, ICBC will not be involved in the tort injury claim even if your automobile insurance was with ICBC. There is…

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What Happens if a Judge Awards you Less than ICBC’s Settlement Offer?

In a previous blog article, we discussed what happens if you make a formal offer to settle to ICBC prior to trial and you beat that offer in that you are awarded the same or more than this offer by the judge. But what happens if ICBC makes a formal offer to settle and you…

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