Making an injury claim with ICBC, Insurance Corporation of British Columbia, after a vehicle accident requires providing specific information and meeting certain deadlines. What you say to ICBC in the first 30 days can set the tone for how your injury case will be dealt with. How to start an injury claim with ICBC is made…
Even the most experienced personal injury lawyers need to pay attention to this case. The Court of Appeal has made it clear: When finding a pedestrian 100% at fault the court must analyze not only the pedestrian’s duty but also the driver’s duty of care (Vandendorpel v. Evoy, 2016 BCCA 270). Statutory provisions and the duties imposed by…
The defendant in this personal injury claim sought liberty to add two individuals as third parties to the proceeding. On the day of the car accident a number of people attended a party in the bush near Lumby, B.C. The claimant was there and was a pedestrian. The proposed third parties were there and were also…
The government of BC may be preparing to back ICBC in an appeal of a $350,000 award against ICBC for malicious prosecution. Transportation Minister Todd Stone indicated that ICBC may be considering an appeal. This is in a case where employees of ICBC were found to be getting enjoyment out of causing difficulty to innocent accident victims. When…
It is not surprising that in a free and democratic society we should have a public right to an open court process. Having truly a open court ensures that common values are being applied within all our British Columbia judicial proceedings. Openness is essential to accessibility and accountability in the judicial system. However, personal injury…
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…
In this sensationally important personal injury case the Court of Appeal has made it very clear that consulting reports must substantially comply with the Rules to be admissible as expert reports (Healey v. Chung, 2015 BCCA 38). This makes it very difficult for the personal injury claimant to get opinion evidence into court as “clinical records” are…
If a pedestrian is hit by a British Columbia car, ICBC accident benefits can provide up to $150,000 in medical rehabilitation expenses and disability benefits of up to $300 per week. If the same pedestrian was hit by a bicycle, she would get nothing. The Chinese tourist pedestrian killed by a cyclist in Stanley Park…
This personal injury Claimant was walking through a parking lot of a strip mall in Cranbrook, B.C. when he was struck by and injured by a motor vehicle. The trial judge concluded that the driver was 33 1/3% liable and the Claimant was 66 2/3% liable for the accident. However the Claimant’s appeal was allowed and…
This was a personal injury case dealing only with the issue of liability for an car accident in which a trailer ran over the claimant in a parking lot (2014 BCSC 1668). The accident in question occurred outside the Quinsam Hall in Campbell River, which is a freestanding building surrounded by a paved parking lot…