ICBC will often require medical records before paying benefits or agreeing to settlement. However, when going to court records may not be admissible without the author being called to testify. Also, expert opinion must be delivered under the strict rules of the court. This post will discuss the admission of medical records in personal…
After 22 years as a personal injury lawyer I cannot strees enough how important it is that ICBC claimants avoid making misrepresentations or ommisions when reporting a car accident to the insurance company. This is almost never on purpose but as a result of a hasty reporting with little or no legal advice. However, ignorance…
This Prince George property owner was awarded $7,500.00 for exemplary or punitive damages for trespass as part of a compensation package which included a permenant injunction and $10,500 in damages.(Stewart v. Phillips, 2018 BCSC 828) The purpose for a punitive damage award includes deterrence, punishment, and recognition of unnecessary humiliation. The basis for a punitive damage award is an…
A 400 year old principle of law that a “promise to pay” is not enforceable has now been changed by the BC Court of Appeal. For ICBC claimants with outstanding accident benefits there is currently a limitation of two years from the last benefit paid. This case may bring a new consideration to the ICBC adjuster’s unfulfilled…
When a claimant suffers a personal injury in a car accident the loss of income may not occur right after the injury but can take years to manifest. In this case review we examine the case of a young lawyer suffering a chronic pain condition at the beginning of her career.(Harry v. Powar,2018 BCSC 845) The…
The injury claimant was stopped on Highway 1 at the Prest Road exit ramp when a flatbed truck swerved and struck the left driver’s side of her vehicle. Shaken by the collision, at first the claimant took no notice of any injury. She then developed severe symptoms in the following days. The claimant was found…
The personal injury claimant was turning left at a dedicated left-turn lane in order to enter the parking lot of Kensington Square Shopping Centre on East Hastings Street in Burnaby, B.C. and collided with another vehicle travelling eastbound on East Hastings Street (Jones v. Frohlick,2018 BCCA 170). He suffered a displaced fracture of the sternum, and injuries…
ICBC Personal injury caps, wiping out fundamental principles of fairness and compensation. ICBC and the current NDP are poised to extinguish the rights of all British Columbian’s injured in a car accident. On May 5, 2018 there was a large community rally outside the Surrey office of MLA Jinny Sims opposing the introduction of injury…
This is what you need to do for an accident in British Columbia, a province with an automobile compensation scheme different than any other legal jurisdiction in the world. We have a combined no fault and tort based system for automobile insurance and compensation. You will therefore be responsible for several deadlines in both claims. For ICBC accident benefits…
An offer to settle in any personal injury case should be clear and unambiguous. The claimant and ICBC should use plain language when settling car accident cases. The offer of settlement should avoid colloquialisms or idioms that are understood by a limited audience. In today’s case review an ICBC insured sought to deny an injury…