6% Cap on Injury Victim Case Costs Brought Back by NDP

Financial hardship is expected for those injured in car accidents in British Columbia. David Eby and the NDP have brought back the 6% cap on injury victim’s case expenses. The Disbursement and Expert Evidence Regulation will create prejudice for those injury victims left fighting ICBC and their lawyers. The change in law prevents injury victims…

Read more

ICBC’s Disbursement Limit and Expert Limit Criticized at Trial by BC Supreme Court Judge

We have posted several blog articles on the new law passed by the NDP limiting the disbursements (legal expenses) ICBC is required to pay: Does ICBC have to pay my disbursements? ICBC’s insane profits and ICBC’s 6% disbursement cap The harsh reality of the ICBC disbursement limit – NDP provides ICBC with no limitations in…

Read more

The Harsh Reality of the ICBC Disbursement Limit – NDP Provides ICBC with No Limitations in Defending Against Claims

In previous blog articles on the ICBC 6% disbursement cap, we discussed this new law that the NDP quietly passed with the sole purpose of saving ICBC money by prejudicing against an injured claimant’s ability to present his/her case.  This new law limits the amount of disbursements recoverable from ICBC to 6% of the total…

Read more

Does ICBC Have to Pay My Disbursements?

Disbursements are legal expenses.  Some examples of disbursements include the cost of ordering medical records, hiring a medical expert to provide an expert opinion, court filing fees, photocopies, faxes, etc.  Most personal injury lawyers will pay for all disbursements on behalf of their clients until the end of the claim.  Until recently, ICBC was responsible…

Read more

Treating Doctors to Expect Only $20 fee for Testimony Says Court of Appeal

  In a stunning blow to victims of personal injury the court has upheld a decision to pay only $20.00 to compensate a winning claimant for the non-expert testimony of a family physician. Unfortunately this will mean treating healthcare providers will now be subpoenaed to testify without payment for their preparation and attendance. (Luis v.…

Read more

$730,000 Rear End Injury Settlement Awarded Costs Above BCMA Guidelines

The claimant was rear ended when stopped in traffic which caused her vehicle to strike the rear of another vehicle in front of her. This personal injury case settled on the Friday prior to the commencement of trial the following Monday. The settlement was for payment of $736,807.00 new money, plus assessable costs and disbursements for…

Read more

ICBC Injury Claims include Cost of Functional Capacity and Cost of Care Reports

The Insurance Corporation of BC, ICBC,  seems to have adopted the practice of settling ICBC claims and then fighting the claimant’s necessary and reasonable litigation expenses after settlement. However, the following ICBC injury claim stands for the proposition that claimants have a duty to ensure that all areas of the injury claim are supported with…

Read more

ICBC Personal Injury Claim Settlement Costs Denied

This personal injury lawsuit was settled about 10 days before the beginning of the trial, after the claimant accepted an Insurance Corporation of British Columbia, ICBC, offer of settlement for approximately $155,000.00 plus costs and disbursements (Salsman v. Planes,2014 BCSC 1726). Following settlement, the claimant’s personal injury lawyer presented a bill of costs in the sum…

Read more