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…
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…
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…
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…
As we have reviewed in prior blog posts, there are different types of damages that can be claimed if you are injured in a motor vehicle accident. This, of course, depends on the type of injuries you suffer and the impact those injuries have on your life. In other words, it is very fact specific.…
In a prior blog post, we addressed the ICBC minor injury caps which came into effect for all motor vehicle accidents occurring on or after April 1, 2019. If an injury fits the definition of “minor” in the new law passed by the NDP, then compensation is capped or limited to a maximum $5,500.00 for…
Damages for pain and suffering, also known as non-pecuniary damages, compensates an injured claimant for the injuries suffered in the motor vehicle accident and the impact those injuries have had on his/her enjoyment of life. Trial judges will consider the following factors when deciding the amount to award to an injured claimant for pain and…
ICBC is a crown corporation. A crown corporation is a public sector organization established and funded by our own elected provincial government. ICBC was created to provide universal compulsory automobile insurance to British Columbian drivers. As “compulsory” automobile insurance, ICBC has a monopoly over the entire province. There is simply no competition or choice. If…
Dash Cam Footage in Your Injury Claim In an ICBC injury case dash cam footage can be the best evidence. When the fault for an accident is in question, video footage makes the difference. The issue of liability can largely be determined with strong evidence of video. Credibility and reliability are therefore very much ancillary…
The courts require expert medical evidence to consider when determining the injured claimant’s injuries and the impact those injuries have had on that person’s life. This expert evidence is essential to determine the proper amount of compensation to be awarded to an injured claimant. This medical expert evidence is obtained either from the injured claimant’s…
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