7 day notice of Offer to Settle in Personal Injury Case not Required

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…

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ICBC Doctor Examinations and the Requirement to Attend

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…

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What to do after a Car Accident a Checklist for the Injured

First Steps After an Auto Accident If you are at the accident scene: Move away from traffic; Make sure the police and paramedics have been called; Take photographs and video at the scene before the vehicles are moved; Obtain witness names and contact information- don’t talk to witnesses about how the accident occurred; Record details…

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Maximum Amounts For ICBC Injury Claims

Part of my job as a personal injury lawyer often is to help claimants understand how much money they are entitled to receive from ICBC after a car accident injury.  The Insurance Corporation of British Columbia is a Province wide government created insurance company responsible for compensated victims of personal injury on behalf of their…

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$130,000 Pain and Suffering for PTSD

In this post-traumatic stress disorder (PTSD) personal injury case the Claimant was driving along Como Lake Road in Coquitlam  when a van hit into the side of his vehicle. The other driver admitted liability, but disputed that the car accident induced PTSD in the claimant (Kim v. Khaw,2014 BCSC 2221). In many ICBC injury claims the insurance…

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ICBC and the New Duty of Honesty in Contractual Performance

After a car accident the injured expect ICBC to act honestly when administrating accident insurance benefits under the universal auto insurance coverage. However the law in Canada  has never imposed a duty on the Insurance Corporation of British Columbia to perform the terms of the contract of insurance honestly, until now. In the ground breaking…

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Important Tips when Reporting a Car Accident in BC: Online and On Time

In British Columbia reporting a motor vehicle accident is different than anywhere else in Canada. The Insurance Corporation of BC, ICBC, is the only insurance company in the Province that is permitted, upon notice, to provide accident benefits to people injured in motor vehicle accidents. As a personal injury lawyer in Vancouver since 1995 my…

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Interest on Personal Injury Claim Loans Must be Foreseeable

This current law review relates to a motor vehicle accident injury case in which the claimant sought to recover the interest she was required to pay on advance settlement loans after being injured (Davidge v. Fairholm,2014 BCSC 1948). These loans were advanced to her by her lawyers to help her pay for out of pocket expenses not…

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Cyclists Causing Personal Injury and Death Not Insured

If a pedestrian is hit by a British Columbia car, ICBC accident benefits can provide up to $150,000 in medical rehabilitation expenses and disability benefits of up to $300 per week. If the same pedestrian was hit by a bicycle, she would get nothing. The  Chinese tourist pedestrian killed by a cyclist in Stanley Park…

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The $25,000 ICBC Personal Injury Settlement Offer

May 24, 2019- Whether personal injury claimants have been diagnosed with whiplash, soft tissue injury, WAD (whiplash associated disorder), back or neck injury, a $25,000 offer from ICBC to resolve a personal injury claim can be temping to accept, especially with minor injury caps.In British Columbia money awarded for pain and suffering is assessed and…

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