Hit and Run Vehicle at Fault for Overtaking in Snow

Hit and Run personal injury claims in British Columbia require injury claimants to name ICBC as a nominal defendant and prove that the unknown driver was at fault. In this hit and run bifurcated summary liability trial (Link v. Insurance Corporation of British Columbia,2014 BCSC 1765) the determination of liability was the sole issue before…

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Loss of Earnings to Age 70 Accepted in Personal Injury Case

This successful personal injury case involved a 55 year old labourer that suffered a chronic grade 2 neck and back strain in a car accident(Amini v. Khania,2014 BCSC 1671). The claimant had been travelling south on Gladstone Avenue in Vancouver and was stopped at the intersection at a red light.  He testified that he waited…

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Offer to Settle Personal Injury Case Beat and Double Costs Awarded

This personal injury claimant beat her offer of settlement made 7 days before trial. As a result the Judge awarded the claimant double costs. The claimant was involved in a motor vehicle accident at the intersection of Lougheed Highway and Pinetree Way in Coquitlam, B.C. in which the claimant suffered mild to moderate soft tissue injuries and…

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Personal Injury ICBC Offers to Settle Beat but 75% Costs Awarded

In this personal injury car accident case ICBC applied for an award of its costs or, alternatively, to deprive the claimant of their costs.  ICBC offered to settle for $50,000.00 with the husband and $150,000.00 for the wife. After more than two weeks at trial the Judge awarded the wife $75,000.00 and the husband $189,000.00. (Liu…

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Personal Injury Award Increased- Discount Rates Helping Claimants

Over $75,000.00 was added to this personal injury award on account of the Increased discount rates! (McLeod v. Goodman,2014 BCSC 1551), Future loss of earnings and costs of future care in ICBC injury claims now have to be increased to more accurately reflect the claimants real losses. As a result of changes to the discount…

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Settlement Offer to ICBC Exceeded But Double Costs Denied

This personal injury claimant offered to settle with ICBC for $60,000.00 one day before trial. The offer was only open for acceptance until that same afternoon at 4 p.m. The Insurance Corporation of British Columbia, insurer for the defendant, rejected the offer and the trial judge awarded the claimant over $67,000.00 (Barnes v. Lima, 2014 BCSC 1475).…

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Teens and Youth Personal Injury Claims Concussion Guidelines

Help for children, youth and teenagers suffering from concussion and mild traumatic brain injury following a car accident just got easier.  Concussion guidelines have been established for every adolescent aged 5 to 18 years who have or may have sustained concussions. Ontario is now ahead of British Columbia, including ICBC, in providing guidelines for managing and…

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ICBC Medical Examinations Change for Accident Injury Litigation

When a person is injured in a motor vehicle accident and has already attended a medical  assessment set up by the Insurance Corporation of British Columbia, ICBC, does ICBC have a further right to require the claimant to attend  more medical assessments in the personal injury lawsuit against the other driver? Supreme Court Civil Rule 7-6(2)…

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ICBC Position on Costs Provokes Court Comment

After settlement of a personal injury case with ICBC  the last thing an injury claimant expects is another fight over the costs of the case. Well, currently the Insurance Corporation of British Columbia, ICBC, seems to be welcoming settlement with an iron fist by fighting costs after settlement.  In the personal injury case of Gray v. Kohnert,2014…

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