There has been little change to the law relating to filing and reporting your injury claim to the Insurance Corporation of British Columbia, ICBC, since my last post about car accident injury benefits from ICBC. In this article I will focus on some of the duties that ICBC owes to you as your insurance company…
In this truck accident injury claim (Parsons v. Mears, 2011 BCSC 397) the claimant, a Victoria resident, was operating a truck when it became stuck in mud. A good samaritan, Mr. Mears, attempted to pull the truck out of the mud using a cable and tractor. The tractor flipped and trapped Mr. Mears. The claimant alleges that he suffered various…
This personal injury claim filed in Vancouver BC (Manson v. Kalar, 2011 BCSC 373) arose from a motor vehicle accident which occurred when the claimant’s vehicle was rear-ended by a vehicle. The other driver admitted fault and the trial was limited to an assessment of how much money, if any, should the claimant get for his car accident injury. …
The Court of Appeal overturned a decision by a trial judge to reduce a claimants award by 10% for refusing to undergo cortisone injections. There appears to be no new law created in this Insurance Corporation of British Columbia personal injury case (Gregory v. Insurance Corporation of British Columbia, 2011 BCCA 144) but rather a reiteration…
In this motorcycle hit and run appeal (Thoreson v. Insurance Corporation of British Columbia,2011 BCCA 130) the claimant was injured in an accident that occurred near Vernon, British Columbia. The claimant was driving a rented Harley Davidson motorcycle and his girlfriend was riding on the back of the motorcycle when he was forced off the road…
In this coming out of the closet injury claim (Kitney v. ICBC) the court accepted that the claimant was involved in a serious accident and suffered a retinal tear and strains of the neck and mid- and low-back. However, despite the claimant testifying that he was unable to work he was videotaped working outside the…
Typically, as in this Victoria personal injury case(Zecher v. Josh, 2011 BCSC 311), ICBC and other insurance companies will demand that injury claimants disclose medical records, employment records, and school records dating back before the car accident. The best personal injury lawyers in Victoria, Vancouver and all other parts of British Columbia need to be aware that …
As Vancouver personal injury lawyer since 1995 I have represented many cyclists and pedestrians that claim their lives were put at risk by poor road design or improper signage. Most car accidents involving cyclists in my experience, however, occur because of lack of due care and attention by the motor vehicle, pedestrian or cyclist . In an…
In this road maintenance appeal (Billabong Road & Bridge Maintenance Inc. v. Brook, 2011 BCSC 297) the Provincial Court of BC had ordered the road maintenance company to pay the claimant for damages arising out of a motor vehicle accident that occurred on Highway 16E between Telkwa and Smithers. The Provincial Court concluded that the road maintenance…
This ICBC accident injury case(Hagen v. Insurance Corporation of British Columbia,2011 BCCA 124) poses the question of whether a driver of a motorcycle with a Class 6L learner’s licence is in breach of the Motor Vehicle Act Regulations where, having made arrangements to be followed by a supervisor, the learner was not within sight of…