The Insurance Corporation of British Columbia, ICBC, is a government created corporate monopoly for third party auto insurance. ICBC has recently began to use its’ power, after injury claimants accept an offer of settlement, to refuse injury claimants the cost of diagnosis, assessment and treatment of personal injuries(ICBC denial of costs provokes court comment). In this…
The following personal injury case will be used as a case study into what not to do as a personal injury claimant. Almost everything a personal injury claimant should not do after a car accident, is contained in this injury case (T. v. ICBC, 2015 BCSC 359). The trial judge should be commended, if not compensated…
A new trial has been ordered for this personal injury claimant after the trial judge dismissed the case without any justifiable reason. This personal injury cases gives some assurance that claimant’s can stand up to judges that inject their own opinions in place of medical experts. This case is also a warning to trial judges…
It can be confusing to determine the principle operator under ICBC auto insurance when reporting a car accident claim to the Insurance Corporation of British Columbia. The issue in this case: who drove the automobile the majority of the time? must be established in the evidence ( Schaffner v. Insurance Corporation of British Columbia, 2015 BCSC 314) .…
The Court of Appeal has dismissed the appeal of rejected claim of brain injury ( Jampolsky v. Insurance Corporation of British Columbia,2015 BCCA 87). The young man from Surrey, BC suffered personal injury in four car accidents and after a four week trial was only awarded $15,000.00 ( read our review of the trial award: ICBC…
Personal injury claimants without lawyers should avoid long and unclear court submissions, a lesson from the following ICBC injury claim. This was an appeal from the dismissal of a lawsuit against ICBC for disability benefits related to a car accident which occurred in British Columbia. The Appellant went to court without a lawyer against ICBC…
The 15 year old Claimant in this personal injury case was one of nine teenage passengers in a vehicle travelling at a high rate of speed, planning to throw eggs at people. She had drunk from a shared 2‑litre bottle of alcohol cider and sat in the vehicle wearing no seatbelt. Before the accident…
Mild traumatic brain injury, MTBI, is often difficult to diagnose and as a result insurance companies like ICBC often refuse to pay proper compensation for this injury without judicial determination. In the following personal injury claim the Court acknowledges that patients who sustain complicated MTBIs generally exhibit long term or residual symptoms that often affect…
As a personal injury lawyer since 1995 I have had many personal injury claimants call and regret settling their ICBC injury claims without a lawyer. It is very difficult to re-open a case after a settlement agreement release has been signed by the claimant. If the injury claimant has sought the advice of a lawyer…
Understanding how to put a proper value on a personal injury case requires understanding the essential basics of estimating and assessing in personal injury law. Accidents after April 1, 2019 are subject the the ICBC Minor Injury Caps.First, the purpose for civil damages is to put a victim back in the position they were before…
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