ICBC Insurance Claim Application Important In Personal Injury Case

In this minor damage car accident case ICBC denied the claim but the claimant sought a large award for personal injury damages. ICBC said that the claimant  responded to ICBC’s denial of her claim by alleging injuries and losses that were not real or were not caused by the collision. The ICBC accident claim form she completed was not…

Read more

Rejecting $100,000 Offer and Firing Lawyer Leads to $50,000 Award

The personal injury lawyer hired by this claimant was able to negotiate an offer to settle of $100,000 with ICBC in a car accident injury case. However, the claimant was not happy with this amount,  fired the lawyer and went to court himself. The court awarded the claimant $50,000 (2015 BCSC 1504) and ordered the claimant to pay the lawyer his proper fees for…

Read more

$125,000 Pain and Suffering Award for Chronic Pain Syndrome

In this Chronic regional myofascial pain syndrome case the 35 year old ICBC claimant was stopped in her car at a red light when she was struck from behind by the defendant. Liability for the car accident was admitted. Injuries to her neck, upper and lower back, shoulders, depression, sleep disturbance, fatigue, headaches and has chronic…

Read more

Whiplash Award Reduced to $30,000 for failure to follow Medical Advice

In this whiplash soft tissue injury case the claimant was injured in three motor vehicle accidents and fault had been admitted by the Insurance Corporation of British Columbia ICBC (Gupta v. ICBC et al, 2015 BCSC 608).  The judge however awarded the claimant $45,000 for pain and suffering but reduced it to $30,000 stating: [the claimant] has…

Read more

ICBC Dial-A-Claim Operator Notes Used Against Claimant With no Lawyer

This ICBC claimant was involved in a motor vehicle accident while driving a vehicle which was insured by  the Insurance Corporation of British Columbia, ICBC. The claimant reported the accident to ICBC without a lawyer and in so doing made a number of statements regarding the circumstances of the collision. ICBC refused to pay the claimant for his vehicle, alleging the…

Read more
rear-end whiplash injuries

What to do when Rear-Ended: An ICBC Claim Checklist

With 25 years experience as a lawyer working for rear-ended injury Claimants, I have a few suggestions about ICBC injury claims and dealing with ICBC. “I just got rear-ended today should I call ICBC?”- if this sounds like you or someone you know, read on. Rear end collisions are common but different than most other…

Read more

$95,000 Pain and Suffering Award for Wrist Injury- Re-open Trial Refused

This personal injury claimant suffered a severe fracture to his right wrist when the vehicle in which he was a front-seat passenger was involved in a car accident, running head-on into a hydro pole. He also sustained some soft tissue injuries to his back and neck which fully healed over the course of about six…

Read more

$75,000 Award for Pain and Suffering- L1 Vertebra Injury Accepted

In this low back personal injury case the claimant was driving southbound on Willingdon Avenue  in Burnaby, B.C. when he was struck on the driver’s side as he approached Maywood Street. At issue were claims for pain and suffering, past and future wage loss, and the cost of future care. A key issue was  whether an L1…

Read more

$150,000 Awarded for Somatic Symptom Disorder DSM-5

Determining the appropriate amount of money in a personal injury case for pain and suffering is and assessment and not a calculation. This assessment was made difficult in the following personal injury case when the court was forced to consider the opinion of an argumentative ICBC paid doctor (Redmond v. Krider, 2015 BCSC 178). Mindful of the…

Read more

Judge Awards over $650,000 for Chronic Myofascial Pain

In this ICBC personal injury case the claimant sought injury compensation of over $865,000, with loss of future earning capacity at over $618,000.  ICBC, the insurer, argued that the claimant should not receive more than $89,000( Camilleri v. Bergen, 2015 BCSC 124). The claimant was injured in a motor vehicle collision and there was largely consensus…

Read more