In this motor vehicle accident injury case the claimant offered to settle for $65,000.00 more than two weeks before trial and that offer was rejected. The insurance Corporation of British Columbia, ICBC, is the mandatory third party insurer for all BC drivers and in this case the defendant was ordered to pay over $193,500 plus double…
ICBC has a statutory monopoly on third party automobile liability insurance coverage in BC and appears to be manipulating this monopoly in ominous new ways, testing our courts sense of justice. The Insurance Corporation of British Columbia has been systematically refusing to pay for necessary medical and other expert opinion upon settlement of cases to…
ICBC gets a failing grade in my books when it comes to road safety expertise and providing accurate data about road safety. Their most recent attempt at obtaining a 5.2% rate increase is filled with misleading propaganda trying to convince drivers that there is suddenly a distracted driving catastrophe about to occur in our Province.…
Hit and Run personal injury claims in British Columbia require injury claimants to name ICBC as a nominal defendant and prove that the unknown driver was at fault. In this hit and run bifurcated summary liability trial (Link v. Insurance Corporation of British Columbia,2014 BCSC 1765) the determination of liability was the sole issue before…
Personal injury lawyers in Vancouver and the rest of BC need to consider taking a new approach to making allegations of injury. Overstating injuries in a personal injury lawsuit, as found in this case (Rasmussen v. Blower,2014 BCSC 1697) can lead to a poor outcome. The claimant in this personal injury case was a passenger…
This successful personal injury case involved a 55 year old labourer that suffered a chronic grade 2 neck and back strain in a car accident(Amini v. Khania,2014 BCSC 1671). The claimant had been travelling south on Gladstone Avenue in Vancouver and was stopped at the intersection at a red light. He testified that he waited…
In this personal injury case involving two motor accidents occurring 6 months apart(Wang v. Dhaliwal,2014 BCSC 1662) the court awarded two set of legal costs totaling $13,000 in addition to the $59,000 out of court settlement. In British Columbia money you get for legal costs as a successful litigation are awarded to to help off-set the actual…
Awards for pain and suffering are not calculated but rather assessed. In British Columbia personal injury lawyers provide Judges with a range of reasonable awards based on caselaw precedent. The claimant in this chronic headache, neck, shoulder and low back pain case (Forder v. Linde,2014 BCSC 1600) was injured in a car accident when she…
This motor vehicle accident personal injury case required the Supreme Court to put a value on the pain and suffering for an eight year old boy with severe facial scarring and soft tissue injury. Tragically, his mother and his twin brother were killed, and his significant facial scarring had required him to endure numerous uncomfortable surgeries…
An award for personal injury losses requires a trial judge, orally or in writing, to provide adequate reasons justifying the award. However this was not done in the following case, illustrating the real prejudice inadequate reasons can pose to innocent personal injury claimants. The injury claimant, riding as a front seat passenger had her feet hanging…
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