Surveillance is one of the main tools ICBC uses to investigate ICBC injury claims. While some level of investigation is important to verify ICBC injury claims, in reality ICBC often uses surveillance to uncover evidence to discredit injured claimants and attack their claims. To this end, ICBC routinely hires private investigators to follow and videotape…
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 ICBC injury claimant was rear-ended in 4 motor vehicle accidents within a 2 year period. The first whiplash injury occurred at the intersection of Lougheed Highway and 207th Street in Maple Ridge. She gave evidence that funding requests had been sent to ICBC for treatment but no funding was approved. The second accident occurred…
While driving his motorcycle on Enterprise Way in the city of Kelowna the claimant slammed into a truck. The pick-up truck was in the process of turning left from Hunter Road onto Enterprise Way when the collision occurred. Liability for the collision was denied by the defendants.(Tumback v. King, 2019 BCSC 1561) As a result…
The Insurance Corporation of British Columbia, ICBC, insures all guilty BC drivers. ICBC also insures the injured claimant for purposes of ICBC accident injury benefits. The result is a mandatory state controlled insurance scheme. By law, ICBC has the monopoly on third party liability auto insurance. So it can be difficult to achieve a fair…
Autonomous vehicle service will begin in Scarborough’s Rouge Hill By September, 2020. Bus accident injuries are rare compared to other modes of transportation so expanding bus service could reduce auto accident injuries. Mayor John Tory announced that ambassadors likely transit employees, would be on board assisting the public. The automated shuttle for 8-12 citizens are…
In this medical negligence case the claimant suffered a stroke from an undiagnosed condition which left her with brain damage and paralysis. She sued the pediatric neurologist that started treating her at age 13. She claimed the doctor fell below the standard expected of a reasonably competent Pediatric Neurologist. However, where a specialist physician follows…
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.…
Evaluating how much your ICBC injury claim is worth for chronic pain will now depend on the date of the accident. Attorney General David Eby has artificially defined chronic pain as a “minor injury” for accidents after April 1, 2019 to save ICBC money. Mr. Eby has clogged the courts by encouraging ICBC to low…
The claimant witnessed his wife get hit by a motorcycle as they jaywalked across Yates Street in Victoria. Although not hit himself, the claimant suffered a severe emotional reaction. He therefore claimed compensation for the mental injury. Nervous Shock : Legal Elements “Psychiatric injury” is the favoured term over “nervous shock” (see 1999 decision of…