A high percentage of people purchase insurance without understanding the important details of the insurance policy. This can turn into a nightmare when a claim is denied due to an exclusion in the policy that was unknown or misunderstood at the time the insurance was purchased. ICBC is no different. Most people have no understanding…
In Jones v. Rossner 2020 BCSC 2056, the 42 year-old female injured claimant suffered injuries in a motor vehicle accident when the vehicle she was driving was rear-ended without any prior warning. Before the collision, she was in good health both physically and emotionally. She regularly attended the gym and worked with a personal trainer. …
Earlier this year, we announced a noteworthy trial win against ICBC by Holness and Small Law Group. We are extremely pleased and proud to announce another recent trial win against ICBC for our client. Our 35 year-old client suffered significant life altering injuries in a high speed rear-end motor vehicle accident which occurred in August…
In the past year, an unusual number of ICBC cases have proceeded to trial. This is in large part due to ICBC’s current tactic of offering unreasonable and low ICBC settlement offers. As a result, numerous trials have been adjourned and postponed because there simply are not enough judges or courtrooms to handle the amount…
For ICBC claims, there are various type of damages that may be claimed including: Non-pecuniary damages also known as damages for pain and suffering Past wage loss for net income loss from the date of the motor vehicle accident until settlement or trial Future wage loss or future loss of earning capacity for anticipated future…
As outlined in a previous blog post, injured claimants have a legal duty to mitigate their injuries and losses from motor vehicle accidents. In other words, injured claimants have a legal responsibility to take reasonable steps to minimize their injuries and losses. In ICBC cases, an injured claimant’s duty to mitigate often relates to decisions…
In Reely v. Zhu 2020 BCSC 1520, the injured claimant suffering numerous injuries in a motor vehicle accident when her vehicle was struck by the defendant who ran a red light. The injured claimant was 29 years-old at the time of the motor vehicle accident and she was 34 years-old at the time of trial. …
The NDP no fault auto insurance will become law to benefit auto monopoly ICBC in May, 2021. However, people in British Columbia have not been told of the potential for these changes to result in more injuries and death on our roads. As the personal responsibility of guilty driver is eliminated, so to will the…
Injured claimants have a legal duty to mitigate their injuries and losses from motor vehicle accidents. What this means is that injured claimants have an obligation and responsibility to take reasonable steps to minimize their losses such as by following medical advice. If it is proven that an injured claimant failed to mitigate their injuries…
In response to the health concerns from Covid 19, the BC Supreme Court cancelled all jury trials up to and including September 7, 2020. What this means is that if a jury trial is scheduled to take place during this time period, then the trial will be adjourned and rescheduled to a new date. …
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