The assessment of an injured claimant’s credibility and the reliability of his/her evidence is pivotal in any personal injury claim. An injured claimant who accurately describes his/her symptoms and circumstances before and after an accident without minimizing or embellishing them can reasonably anticipate that the court will find his/her evidence to be credible and reliable.…
Injuries suffered in a motor vehicle accident can cause some individuals to retire earlier than planned especially if the injuries interfere with the ability to continue working. Claims for wage loss from early retirement are often very contentious. ICBC and other insurance companies often will argue that it is impossible to know exactly what would…
Medication is often prescribed to claimants who are injured in motor vehicle accidents to help manage pain and to help control psychological injuries such as depression. What happens if your doctor prescribes a medication incorrectly and you suffer from additional or worse symptoms as a result? Is ICBC liable for the full extent of your…
If you are injured in a motor vehicle accident in the US and the negligent driver was driving a vehicle with US licence plates, ICBC will not be involved in the tort injury claim even if your automobile insurance was with ICBC. There is an exception, however, to this general rule. You may pursue…
In a previous blog article, we discussed what happens if you make a formal offer to settle to ICBC prior to trial and you beat that offer in that you are awarded the same or more than this offer by the judge. But what happens if ICBC makes a formal offer to settle and you…
The NDP have rolled out new ICBC policies including new Enhanced Care coverage. This “care based model” is advertised by the NDP as providing British Columbians with increased care such as payment for treatment ongoing indefinitely into the future despite settlement or judgement at trial. The NDP and David Eby are asking us to trust…
If you are injured in a motor vehicle accident that was not your fault, ICBC cannot outright deny your claim for not wearing your seatbelt, but ICBC can argue that you were contributorily negligent by relying on a seatbelt defence. Contributory negligence is a legal defence that ICBC uses to reduce an injured claimant’s compensation.…
In this car accident case (Winick v. Goddard 2020 BCSC 4), the 27 year-old female injured claimant was involved in 3 collisions. In the 1st car accident, the injured claimant sustained soft tissue injuries to her neck and back with pain radiating into her hip and legs that were aggravated by the 2nd car accident…
As was reported in a recent blog post, ICBC in 2019 rolled out its new policy of withdrawing settlement offers and replacing them with unreasonably low settlement offers. The result has been two-fold. First, ICBC is now dragging out claims for as long as possible in hopes that an injured claimant will give up and…
Dedicated bike lanes are now a commonplace in Vancouver. In fact, it has been 10 years since the first dedicated bike lane on Burrard Street Bridge was opened to much controversy after 2 prior unsuccessful attempts. With cycling becoming a more popular form of transportation, there is more potential for accidents to occur with vehicles.…
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