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…
In Zhang v. 328633 BC Ltd. 2020 BCSC 1521, the injured claimant sought damages for injuries she suffered in 2 motor vehicle accidents. In the first motor vehicle accident, she was rear-ended and ICBC admitted fault. In the second motor vehicle accident, she was a passenger in a transit bus. An unidentified driver tried to…
In Geddert v. Stokes 2021 BCSC 656, the injured claimant, a window washer, was injured when his ladder was struck by a reversing car. At the time, he was washing the outside windows above a garage door at a condominium development. The trial judge dismissed ICBC’s arguments that others were liable for the accident finding…
In a recent blog post, we discussed the impact an injured claimant’s lack of credibility had in the dismissal of his ICBC hit and run claim at trial. Jacqueline Small, a partner with Holness and Small Law Group, was interviewed by Canadian Magazine on this ICBC credibility case. Credibility is always a paramount consideration in all…
As discussed in a prior blog post, ICBC medical experts who are hired to provide opinions are required to be impartial, independent and absent of bias. Furthermore, all medical experts are to disclose all facts, assumptions and research as part of their expert file which formed the basis of their opinion. In Barn v. Bird…
We are pleased to announce that Jacqueline Small, partner with our firm, was recently interviewed by Canadian Lawyer Magazine about an ICBC case involving an injured claimant who suffered severe PTSD. Ms. Small originally wrote a blog article on this ICBC PTSD claim which proceeded to trial. In that ICBC case, the injured claimant was…
ICBC uses surveillance to investigate injured claimants and ICBC injury claims. Typically, ICBC uses surveillance when the ICBC adjuster is suspicious about the true nature and extent of the injuries claimed. It is also used when ICBC questions whether injured claimants are truly unable to work due to their injuries. When ICBC wants to conduct…
In our previous blog post about ICBC Wrongful Death Claims and Medical Malpractice Wrongful Death Claims, we focused on the Family Compensation Act that governs these types of claims. In this article, we focus on Wrongful Death claims that have proceeded to trial. In Roberts v Morgan, 2019 BCSC 2313, the surviving spouse and son of…
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