ICBC full no-fault insurance, soon to be law, gives absolute powers to the auto insurance monopoly ICBC. The government, starting May, 2021, will allow ICBC to value human suffering at zero ($0.00), giving no compensation to the injured. The BC NDP will be taking money that should be used to compensate innocent victims and giving…
The new ICBC minor injury caps passed by the NDP have been reviewed in several previous blog posts. In short, the term “minor” is extremely misleading because the list of injuries that are considered minor through this new law includes injuries that are not minor at all such as lifelong chronic soft tissue injuries if…
In this car accident case (Winick v. Goddard 2020 BCSC 4), the 27 year-old female injured claimant was involved in 3 collisions. In the 1st car accident, the injured claimant sustained soft tissue injuries to her neck and back with pain radiating into her hip and legs that were aggravated by the 2nd car accident…
As discussed in a prior blog post, when a trial judge makes an award for pain and suffering (also referred to as non-pecuniary damages), the law is clear that in determining what is reasonable each case must be assessed individually depending on the nature of the injuries sustained by the injured claimant and on an…
In Henderson v. McGregor 2019 BCSC 1964, the claimant sought damages for injuries resulting from an unprovoked assault and battery following a road rage incident. The road rage incident occurred on June 2, 2017 on Highway 99 near the entrance to the George Massey Tunnel. Before the incident, the plaintiff was driving from Delta to…
What does minor injury mean? The ICBC definition only relates to car accidents after April 1, 2019. This stipulative definition captures almost all serious auto injuries. Yes, ICBC defines most serious auto injuries as minor . Find out how ICBC pays less money for those injuries under the Minor Injury Regulations. ICBC adjusters have no…
The claimant was injured in two motor vehicle accidents with liability admitted for both. The issue at trial was the assessment of her losses including non-pecuniary damages (pain and suffering), compensation for loss of past and future earning capacity, loss of housekeeping capacity, costs of future care and special damages. In the first car accident she was…
This personal injury claimant was injured in two car accidents, the first was a head on collision at 188 Street in Surrey, and the second occurred at 192 Street at Number 10 Highway. The judge found that he suffered various soft tissue injuries. The defendants argued that the claimant’s original position was affected by fights that occurred when he…
In this personal injury lawsuit the claimant, in his early 20s at the time of the car accident, sustained injuries to his neck, wrist, shoulder, and lumbar spine . The other driver conceded guilt for the accident so the case issues were:(1) the type of injuries; and (2) compensation amount to be awarded for the injuries.(Domijan v. Jeon,2018 BCSC 1988)…
What Your ICBC Claim is Worth in the Era of Injury Caps British Columbia now has a cap for minor injuries sustained in car accidents. If you’ve been injured in a car accident, bicycle accident or pedestrian accident some of your ICBC compensation might be capped or reduced if you have private insurance. Consult a personal injury…