ICBC Allowed to Withdraw Their Agreement to Admit Fault

Gibson v. ICBC, 2010 BCSC 1097 August 16, 2010- This is a hit and run  motorcycle accident case that seems to have gone sideways in part because an anonymous tip was given over the “ICBC tip line” after the Judge heard the case. While riding his motorcycle late at night the injury claimant was struck from behind. …

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Injury Claimants’ ICBC Statement Not Inconsistent With Her Trial Testimony

Jones v. Ma, 2010 BCSC 1125  August 11, 2010- The motor vehicle accident that is the subject of this personal injury claim  occurred on Clarke Street in Port Moody, British Columbia. At that location, Clarke Street has two westbound lanes of traffic separated from the single eastbound lane by a double solid yellow line.  Just prior to the…

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ICBC Not Entitled to Double Court Costs Against Unsuccessful Injury Claimant

Mudry v. Minhas, 2010 BCSC 1110 August 10, 2010-  This ICBC personal injury case involves an injury claim arising from a motor vehicle accident.  The Judge decided that the driver being sued was at fault but the Judge dismissed the claim because the evidence showed  that the claimant suffered absolutely no  injury in the car accident. 18 months before…

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Pregnant ICBC Personal Injury Claimant Entitled to Award for Pain and Suffering

A pregnant car accident claimant can  experience severe upset regarding the potential effects of the accident on her unborn child and the effects of her physical injuries on her ability to carry her child to term. The ICBC injury claimant’s treatment can also be complicated by her pregnancy and the subsequent birth. ICBC and other insurance…

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At Fault Driver 100% responsible for aggravations of Claimant’s Injury

Bradley v. Groves, 2010 BCCA 361 July 30th, 2010- as we approach British Columbia Day, a  chance to celebrate our achievements, our Court of Appeal has come out with a law altering decision that will assist injury victims involved in multiple car accidents and ICBC injury claims.  What an injury claim is worth will now have…

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Older Injury Claimants Still Entitled to Money for Pain and Suffering

July 29, 2010-  ICBC Injury claimants that are in their golden years often are already limited by a physical condition due to age.  However, it is inappropriate to discount an  award for pain and suffering due to a car accident simply because of the claimant’s age. In the case of Ha v. Fritzke  , still good…

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Motorcyclist Found 60% at Fault for injuring a Jaywalking Pedestrain

Walter v. Plummer,2010 BCSC 1017 July 21, 2010- This motor vehicle accident case arising out of an accident between a motorcyclist and a pedestrian. The accident occurred shortly after 3 p.m. when the claimant, who was jaywalking across Rutland Road, was struck by a motorcyclist. It was sunny and the roads were dry. Mr. Walter…

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Injured Motorcyclist has His Claim Dismissed for Travelling too Close

Barrie v. Marshall, 2010 BCSC 981 July 15th, 2010-  the injury claimant was riding his motorcycle  after spending time at a motorcycle show at the Tradex Centre near Abbotsford.  It was early afternoon, and the weather was clear and dry.  The claimant was travelling behind the car of the defendant, Benita Marshall.  The claimant said that Ms. Marshall stopped her…

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ICBC Injury Claimant not required to Sign Medical Authorizations Says Judge

Desjardins v. Huser, 2010 BCSC 977 July 28, 2011- The  injury claimant was in a car accident that occurred  when she was two years old.  Her claim is  that she sustained a brain injury resulting in permanent cognitive deficits. She also claims that she suffered multiple permanent orthopaedic and soft tissues injuries that have resulted in permanent emotional and…

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Failure to Visit Doctor Not Used Against Personal Injury Claimant

July 26, 2011- Most personal injury lawyers will suggest that an injury claimant have a family doctor examine them on a regular basis following a car accident injury.  This makes good sense because a patient will get better treatment if the doctor is familiar with the injury and the doctor will be in a better…

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