ICBC is in trouble again with the Supreme Court, found to be abusing the court process. ICBC defended a clearly at fault driver that rear ended a snowplow causing significant personal injury to his passenger. In one lawsuit ICBC admitted his fault, settling the case, in the other they denied liability forcing the case to a jury trial.…
Many lawyers and claimants may not be familiar with the term, “somatic symptom disorder”, SSD, when used in personal injury cases. The diagnostic criteria are: 1. One or more somatic symptoms that are distressing; 2. Excessive concerns regarding one’s health which creates problems with anxiety over health concerns;and 3. Symptoms typically persist for more than six months.…
ICBC has been stung with paying a car accident victim $155,340.86 in legal fees for failing to disclose a video showing her weakened and being taken away by ambulance! ICBC, the Insurance Corporation of British Columbia, disclosed to the jury only videos showing the claimant being active and disregarded a court order requiring disclosure of all videos in what seems…
Can ICBC reduce an injury award because you did not attend recommended therapy or treatment for depression or anxiety? We explore the answer in the following injury case review. The claimant was injured in a rear end motor vehicle accident on the Seymour Parkway driving towards Deep Cove in British Columbia. She suffered ongoing chronic pain in her neck, shoulder…
No, There is no such limit on the compensation available to ICBC whiplash claimants or others suffering from neck injury and soft tissue injury in British Columbia. Howver, Accidents after April 1, 2019 may be subject to the 2019 ICBC Minor Injury Cap. ICBC is now allowed to call serious injuries minor to limit compensation.…
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…
An annoyingly slow overtaking vehicle cannot be blamed for the bad driving of others. The Court of Appeal has ruled that the overtaking another vehicle as quickly as reasonably possible standard is now inappropriate in British Columbia ( Borgfjord v. Boizard, 2016 BCCA 317). The slow defendant, driving 25-30 kph under the speed limit, was in the far left lane…
The settlement amount offered to ICBC and the timing of the offer is important to a claim for double costs, even in “Fast Track” cases. As a general rule, the successful party in a fast-track personal injury case is awarded $6,500 in pre-trial costs and $1,500 in costs for each day of trial. Where an offer to…
The personal injury claimant was driving his Porsche Cayenne and entered the intersection of 203rd Street and Logan Avenue in Langley, BC on a yellow light. Another driver turning left failed to see the claimant and turned in front of him causing the accident. A witness videotaped the entire car accident and forwarded the recording to the investigating RCMP…
This injury claimant was awarded $50,000 for pain and suffering but her claim for medical Marijuana of 3 grams a day in cream form for a period of two years at a cost of between $21,900 and $32,850 was totally dismissed (G. v. Ahn, 2016 BCSC 795). The claimant was injured in a motor vehicle accident which occurred at the intersection of…
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