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.…
When it comes to psychological injury and psychiatric injury claims after a car accident a vulnerability to injury is not required if the emotional injury is proven as being caused by the collision. However, alternative but equally acceptable is the “egg shell personality” approach for individuals that may have suffered from prior psychological conditions in remission. One…
ICBC is the auto monopoly defending most personal injury claims in British Columbia. In the last 6 years ICBC has refused to settle legitimate personal injury claims making very low offers, slogging through and clogging the courts. ICBC is causing intense aggravation of pain and suffering to victims of personal injury.Some may be convinced the recent crisis within…
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…
Personal Injury Lawyer Jacqueline Small has forced ICBC to pay disability benefits denied for almost 6 years in a car accident injury case. This decision is a stinging indictment of ICBC’s systematic use of hired guns to deny legitimate disability benefits. The Supreme Court Judge called the opinion of ICBC’s doctor Sovio deficient. Dr. Sovio did not provide a clear…
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…
Here is an important tip for personal injury lawyers in BC- If the family doctor ordered or requested your client to have a private MRI and the advice was followed, this cost should be claimed as a special damage, not a disbursement (Uppal v. Judge, 2016 BCSC 642, para 107). The following is a case in point in which the cost…
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…
Innocent car accident victims must now face the prospect of a court ordered medical examination conducted by doctors that are potentially unfair, impartial, not credible and not objective. In a stunning Masters decision of the Supreme Court requiring an ICBC claimant to attend a medical exam, the Master stated, “Questions of fairness, partiality, credibility, and…
This case affirms, despite what ICBC says to claimants without lawyers, an award for loss of future earning capacity is available in soft tissue injury cases in which claimants have suffered little or no loss of income: Hu v. Tan,2016 BCSC 908. The Supreme Court was convinced this personal injury claimant would not have considered retiring early had it not…