This ICBC injury insurance Appeal case concerned the nature of the claim for injury benefits under Part 7 of the Insurance Regulations and the interpretation of s. 96(f) of the Regulation when a claimant has a pre-existing condition . The case stands for the proposition that ICBC must prove that but for the pre-existing condition, the Claimant would not have become totally disabled(Kozhikhov…
Seeking advice about the value of an ICBC claim? As a lawyer I am often asked whether there is list to go to find out how much a particular personal injury is worth. Essentially a list of body parts and corresponding compensation amounts for each area of the body. For example, $25,000 for whiplash to the…
The following personal injury case will be used as a case study into what not to do as a personal injury claimant. Almost everything a personal injury claimant should not do after a car accident, is contained in this injury case (T. v. ICBC, 2015 BCSC 359). The trial judge should be commended, if not compensated…
It can be confusing to determine the principle operator under ICBC auto insurance when reporting a car accident claim to the Insurance Corporation of British Columbia. The issue in this case: who drove the automobile the majority of the time? must be established in the evidence ( Schaffner v. Insurance Corporation of British Columbia, 2015 BCSC 314) .…
Personal injury claimants without lawyers should avoid long and unclear court submissions, a lesson from the following ICBC injury claim. This was an appeal from the dismissal of a lawsuit against ICBC for disability benefits related to a car accident which occurred in British Columbia. The Appellant went to court without a lawyer against ICBC…
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…
BC auto insurer, ICBC, must decide what happens to death benefits and survivor insurance if a person chooses to have a doctor assist ending their life as a result of a catastrophic injury. Will ICBC death benefit insurance be excluded even if death would have occurred within the policy term anyway? Will ICBC pay for assisted death…
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…
In this personal injury case the ICBC insured driver rear-ended the claimant and knocked him off his motorcycle. The claimant suffered injuries to his neck which required surgery and ultimately resulted in devastating physical effects due to the onset of conversion disorder. The court awarded the claimant $2,735,818.16 for injuries received as a result of…
ICBC Medical Examinations Medical assessments and examinations conducted for the Insurance Corporation of British Columbia, ICBC, will have profound implications on any personal injury claim. Here are some important requirements that must be in place before an injury claimant must attend at an ICBC doctor: 1. Being an ICBC Insured Being insured with ICBC is defined…