When this personal injury decision came out awarding $36,042.30 I called it A Case Study into What Not to Do in an ICBC Injury Claim. The ICBC claimant had sought an award of damages exceeding $2 million and after 33 days in trial almost all of the claims of loss were dismissed. In this follow up decision the Judge awarded ICBC…
If you settle an injury claim with ICBC after a car accident, and receive lifetime payments from an annuity, should those payments be considered income for the purpose of child support payment obligations? We help answer that question in the following case review. K.T. suffered serious injuries in a motor vehicle accident and entered into a settlement…
In this whiplash soft tissue injury case the claimant was injured in three motor vehicle accidents and fault had been admitted by the Insurance Corporation of British Columbia ICBC (Gupta v. ICBC et al, 2015 BCSC 608). The judge however awarded the claimant $45,000 for pain and suffering but reduced it to $30,000 stating: [the claimant] has…
The Court of Appeal ordered a new trial for this 15 year old car accident personal injury claim involving soft tissue injury, mild traumatic brain injury and unaccepted ICBC offers of $50,000, $110,00 and $120,000 (Han v. Park, 2015 BCCA 324). A documents binder allowed to be given to the jury included: a police accident report; the…
If you have lost income or vacation time due to a car accident injury, the Insurance Corporation of BC, ICBC, may be responsible for paying some or all of your net wage loss and vacation pay. The following is an outline and checklist for claiming loss of wages and an explanation of the claim for loss…
This Court of Appeal personal injury case has only affirmed, and not changed, the law surrounding loss of capacity claims, including loss of renovation, landscaping , house-cleaning, and housekeeping Capacity ( Reynolds v. M. Sanghera & Sons Trucking Ltd.,2015 BCCA 232). We focus on loss of landscaping capacity as well as loss of renovation capacity claims in motor…
In this hit and run personal injury case ICBC disputed that the claimant had made all reasonable efforts to find the fleeing driver, as is legally required in British Columbia. The Supreme Court however found that the claimant acted reasonably and was permitted to rely on the actions taken by an agent or agents in order…
Successful ICBC personal injury claims require expert medical opinions, especially in the Supreme Court of British Columbia. As we learn in today’s case review, not calling an important medical expert as a witness at trial can led the Court to infer that the evidence of the medical expert would not have assisted the claimant’s case (Espinoza…
Settlement money for pain and suffering awards are excluded from family property division in British Columbia so your ex-wife or ex-husband is not entitled to half. However, it is critically important in a family law proceeding to have evidence and demonstrate to the court that the ICBC settlement award is in fact excluded. As a personal injury…
With 25 years experience as a lawyer working for rear-ended injury Claimants, I have a few suggestions about ICBC injury claims and dealing with ICBC. “I just got rear-ended today should I call ICBC?”- if this sounds like you or someone you know, read on. Rear end collisions are common but different than most other…