This personal injury taxi passenger was accused of failing to wear a seatbelt, resulting in his own injury. The collision occurred while the claimant was a passenger in a taxi at 12th Avenue near Larch Street in Vancouver. The claimant admitted he was not wearing a seatbelt at the time of the car accident, even…
This whiplash claimant was awarded $110,000 for pain and suffering despite an ICBC assessment of $5,000. Insurance Corporation of British Columbia, ICBC, was the insurer of the guilty driver. The claimant was a passenger in a car that was rear ended. The defendants’ vehicle sustained no damage. There was minor damage to the claimant’s vehicle.…
The claimant was injured in two motor vehicle accidents with liability admitted for both. The issue at trial was the assessment of her losses including non-pecuniary damages (pain and suffering), compensation for loss of past and future earning capacity, loss of housekeeping capacity, costs of future care and special damages. In the first car accident she was…
Pain free life is valued as part of the dream of the Good Life by most Canadians. The elimination of auto victims rights in 2018 and the increase in the ICBC monopoly on car insurance is therefore a shocking embarrassment to our democratic principles in British Columbia. Minor Injury Cap passed 2018 will apply to all car…
The growth of auto insurance giant ICBC has come at greater cost than just higher car insurance premiums. It has meant losing patient rights and control over access to proper medical care. Innocent victims of personal injury can expect less medical coverage after April 1, 2019, especially if they have been paying for the benefit of…
What Your ICBC Claim is Worth in the Era of Injury Caps British Columbia now has a cap for minor injuries sustained in car accidents. If you’ve been injured in a car accident, bicycle accident or pedestrian accident some of your ICBC compensation might be capped or reduced if you have private insurance. Consult a personal injury…
In this unusual car accident case the claimant was driving west on Marine Way in Burnaby approaching Byrne Road when a vehicle driving east lost control of his car, went over the median and collided with the claimant’s vehicle. Another vehicle was travelling west on Marine Way behind the claimant and rear-ended the claimant’s vehicle. The claims…
In our Province, even insurance companies have a right to a jury in personal injury matters. We review an application by an injury claimant to strike a jury notice on the grounds the case was too complicated and required scientific investigation. The personal injury case arose from a motor vehicle accident that occurred in Delta, British Columbia (Khan v.…
In awarding this personal injury claimant double costs for beating the pre-trial offer of settlement, the Supreme Court has articulated 5 key principles to consider if you beat an offer to settle. The defendant insurer State Farm cancelled a mediation because their view was that mediation to settle the car accident claim had little chance of…
This Court of Appeal case arose from a three car accident personal injury claim. This case was complicated by numerous tortious and non-tortious incidents which caused or aggravated the chronic mental and physical injuries before and after the car accidents in question.(Khudabux v. McClary,2018 BCCA 234) A review of the trial judge’s reasons can be found at $75,000 pain and suffering Award for…
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