This ICBC claimant was involved in a motor vehicle accident while driving a vehicle which was insured by the Insurance Corporation of British Columbia, ICBC. The claimant reported the accident to ICBC without a lawyer and in so doing made a number of statements regarding the circumstances of the collision. ICBC refused to pay the claimant for his vehicle, alleging the…
This unrepresented ICBC injury claimant was awarded $1,500 for two car accident injuries but was required to pay $19,00.00 in legal costs to the other side ( 2015 BCSC 940) after refusing to accept an ICBC offer of $40,000. There were serious credibility and evidence issues in the personal injury case. The amount awarded does not…
This Court of Appeal personal injury case has only affirmed, and not changed, the law surrounding loss of capacity claims, including loss of renovation, landscaping , house-cleaning, and housekeeping Capacity ( Reynolds v. M. Sanghera & Sons Trucking Ltd.,2015 BCCA 232). We focus on loss of landscaping capacity as well as loss of renovation capacity claims in motor…
Assessing fault after a car accident involves applying the common law duties of care. This personal injury lawsuit concerned the determination of liability for injuries sustained in a motor vehicle accident at the intersection of Fraser Street and East 12th Avenue in Vancouver (Boyd v. Baldwin,2015 BCSC 887).The claimant was a front seat passenger in a vehicle…
when negligent driving puts another person in peril, rescuers are given special treatment and are allowed to claim damages for injuries resulting from the rescue. However, the claimant in this personal injury appeal case was not able to prove that there was a true peril and therefore was not considered a rescuer ( Ray v.…
After a car accident this ICBC injury Claimant carried on with her day, much as she would have without the accident and only started experiencing symptoms on the following day (Gill v. Bhuller,2015 BCSC 851) . The other driver admitted their fault for the accident and for her injuries from a motor vehicle accident. In the collision…
There were two offers to settle made by the claimant in this case: one in the amount of $800,000 before trial and the other during the course of trial, in the amount of $1,010,000. The defendant offered to settle for $55,000.00. At trial the claimant was found 50% at fault for a car accident and…
Successful ICBC personal injury claims require expert medical opinions, especially in the Supreme Court of British Columbia. As we learn in today’s case review, not calling an important medical expert as a witness at trial can led the Court to infer that the evidence of the medical expert would not have assisted the claimant’s case (Espinoza…
With 25 years experience as a lawyer working for rear-ended injury Claimants, I have a few suggestions about ICBC injury claims and dealing with ICBC. “I just got rear-ended today should I call ICBC?”- if this sounds like you or someone you know, read on. Rear end collisions are common but different than most other…
This personal injury claimant suffered a severe fracture to his right wrist when the vehicle in which he was a front-seat passenger was involved in a car accident, running head-on into a hydro pole. He also sustained some soft tissue injuries to his back and neck which fully healed over the course of about six…