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…
In a previous blog post on ICBC claims, we discussed how ICBC under s. 83 of the Insurance (Vehicle) Act re-victimizes injured claimants who have gone to trial and won an award. In that article, we discussed the case of Aarts-Chinyanta v Harmony Premium Motors Ltd., 2020 BCSC 953; as we wrote: “In this case,…
We are very pleased to announce a significant win for Holness and Small Law Group against ICBC at trial for our client. We were trial counsel for a 56 year-old site superintendent who was injured in a motor vehicle accident in 2015 when he was rear-ended at a high rate of speed. At the time…
As many British Columbians are aware, most ICBC claims settle without a trial. Settling with ICBC is advantageous to injured claimants in certain situations. With settlement, an injured claimant can control the amount of the ICBC payout by agreeing or refusing to agree to an ICBC settlement offer. In doing so, the injured claimant…
In Patterson v. Solymosi 2019 BCSC 1508, the injured claimant suffered soft tissue injuries to her neck and back, as well as a labral tear to her right hip, in a motor vehicle accident. As a result of her injuries, she was limited in her ability to function as a special education teacher which involved…
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. …
If you are injured in a hit and run accident, it is not enough for you to simply call the police and report the motor vehicle accident to ICBC. The law in British Columbia requires you to take certain steps to identify the driver who fled the scene. If these steps are not taken, then…
As was reported in a recent blog post, ICBC in 2019 rolled out its new policy of withdrawing settlement offers and replacing them with unreasonably low settlement offers. The result has been two-fold. First, ICBC is now dragging out claims for as long as possible in hopes that an injured claimant will give up and…
David Eby and his NDP government have been very vocal about ICBC’s financial problems. Instead of making changes to ICBC’s management who are responsible for its policies and procedures that are clearly not working, the changes made are directed at injured claimants by eroding their rights. Shouldn’t the ICBC executive who are responsible for how…