In this falling asleep personal injury case (Holt v. Rother,2013 BCSC 1065) the claimant was a pedestrian on the shoulder of 350th Avenue in Oliver, British Columbia, and the defendant was driving returning from the beach in Okanagan Falls. The driver suddenly veered across the oncoming lane and struck the walking claimant causing personal injuries. The evidence…
Finding the best lawyer in Vancouver for a claim with the Insurance Corporation of British Columbia depends on the type of case you have and the qualities you consider to be important. There are over 10,0000 lawyers in BC, most of them having offices in Vancouver. Not all ICBC claims require a lawyer and most…
As a personal injury lawyer in BC since 1995 I’m often asked how to settle whiplash back injury and soft tissue injury claims with ICBC and how much a case is really worth. Rear end car accidents tend to be the number one culprit and ICBC has standard procedures for insurance adjusters to follow before payments…
This side of the road car accident injury case(Ruchelski v. Moore, 2013 BCSC 492) applies the rarely used Presumption of Negligence principle set out in the seminal Supreme Court of Canada case of Fontaine. Experienced personal injury lawyers in Canada have been aware for some time that Fontaine completely did away with the rebuttable presumption of Res ipsa loquitur(the…
In this ICBC pedestrian hit and run accident case(Nadeau v. Okanagan Urban Youth & Cultural Assn.,2013 BCSC 55) the personal injury claimant was dragged under a vehicle at the Bluffs outdoor music venue located on an Indian Reserve on the west side of Lake Okanagan, directly across the lake from the City of Kelowna. The…
A claimants’s emotional pain from learning about the death of a loved one in a car crash is typically insufficient to make the legal connection for compensation with ICBC. In this article I am addressing injury claims that friends and family members of car accident victims make against ICBC for emotional trauma. Also watch my short video about claiming…
The truth is, personal injury claimants are permitted to pursue negligence claims despite the contact between vehicles. This also applies in British Columbia for accident benefits from ICBC, the Insurance corporation of British Columbia and a personal injury lawyer will be able to tell you about all the reporting requirements. Pedestrians are included in this principle and pedestrians…
The Insurance Corporation of British Columbia, ICBC, has 30 days to pay weekly injury benefits so the sooner you make your ICBC personal injury claim after the car accident the better. An injury claimant is required to “promptly give ICBC notice of the accident” within 30 DAYS with a written report and 90 DAYS with an accident claim form.…
Disputing an Insurance Corporation of British Columbia, ICBC, decision after a car accident requires a basic understanding of administrative law as well has a thorough understanding of the civil rules of court- to start. Fear not non-lawyers, I will to use plain language but can’t stress enough how important it is to get legal advice for…
From my own experience as a personal injury lawyer in British Columbia since 1995 I say the most excellent safeguard we have in this Province for people living in poverty is our social assistance programs. After a car accident, the Insurance Corporation of British Columbia, ICBC, may have some obligations to pay accident benefits but that…
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