ICBC Offer to Settle of $450,000 Reasonable for Injury Claim

This car accident injury claimant was offered $450,000 to settle his settle her personal injury claim against ICBC and its insured(Brewster v. Li,2014 BCSC 463). When the offer was refused the case proceeded to a Supreme Court trial and after 9 days she was awarded $418,500, over $30,000 lower than the ICBC Offer. The Judge…

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Family Doctor Not Required at ICBC Personal Injury Trial

No adverse inference was drawn by the judge after the claimant failed to have his family doctor testify at the personal injury trial. (Fabretti v. Gill,2014 BCSC 899). This ICBC injury case involved a car accident that occurred on the Pattullo Bridge in New Westminster. The claimant was only 12 years old at the time. He…

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ICBC Insurance Now Covers Travel To Outdoor Activities- No Waivers Allowed!

The law creating the Insurance Corporation of British Columbia, ICBC, essentially prohibits an owner, driver or passenger from entering into a contract to exclude liability while in use and operation of a motor vehicle. The majority of our Court of Appeal have determined that such a waiver or release is contrary to the nature of…

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Increasing ICBC Injury Settlements and Court Awards- New Discount Rates

The best news in 33 years for ICBC claims and personal injury cases involving claims for future loss of earnings and costs of future care! The decrease in the discount rate for future loss announced April 30, 2014 means claimants can expect more money for awards and settlements for future losses. This better reflects the decrease in…

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ICBC Statement Causes Lawsuit in Agony of Collision Case

  This personal injury case involved in a motor vehicle collision that occurred on Highway 97 North near Summit Lake, BC. when the claimant hit into a parked vehicle that had lost control earlier(Hart v. Jacobsen, 2014 BCSC 704 ). Despite the ice and snow the claimant told the ICBC adjuster he was driving at 80 to…

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$100,000 Injury Award for Loss of Housekeeping Services

After suffering injury in three car accidents the claimant was awarded over $450,000 for pain suffering, past loss of earning capacity, impairment of future earning capacity, cost of future care, costs associated with vocational assessment, rehabilitation treatments, special damages and loss of housekeeping services (Parhar v. Dawe,2014 BCSC 580). Liability was not an issue but…

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What is My ICBC Claim Worth – Assessing the Value of a Claim for Settlement

Quick Answer: “A Case Settles for what it is Worth” As a young lawyer I was told by my mentor Thomas O. Griffiths a case settles for what is it worth and was quickly put to work researching caselaw. I had a hard time understanding what he meant because you never know how much the…

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ICBC Personal Injury Adjuster Must Disclose Reports and Notes

It is not uncommon for the Insurance Corporation of British Columbia, ICBC, to initially accept fault for an accident and then later change their mind.  ICBC personal injury lawyers assisting victims will welcome this case (Pavan v. Guolo,2014 BCSC 648) as it makes it clear that ICBC must produce all documents gathered in the investigation…

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ICBC Settlement Offers now to Factor in Insurance Limits

Important implications for ICBC settlements arise from this ground breaking Court of Appeal case forcing ICBC to pay double costs for failing to accept a reasonable offer of settlement (Meghji v. British Columbia (Ministry of Transportation and Highways,2014 BCCA 105 ).  The court found that it is improper for ICBC to reject all settlement offers above the…

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Personal Injury Settlement Includes Medical Booking Fee

This personal injury case settled for $75,000 plus costs and disbursements recognizing the claimant’s loss of quality of life. The remaining dispute however was over the  Claimants costs for hiring a booking agent to find a medical expert (Ross v. Logan, 2014 BCSC 548) . Taking a personal injury case to trial in British Columbia often…

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