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Judge Criticizes ICBC For Failing to Pay Promised Part 7 Benefits as part of ICBC’s New “Enhanced Care Coverage”

The NDP have rolled out new ICBC policies including new Enhanced Care coverage. This “care based model” is advertised by the NDP as providing British Columbians with increased care such as payment for treatment ongoing indefinitely into the future despite settlement or judgement at trial. The NDP and David Eby are asking us to trust…

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Cyclist Found 50% At Fault for Passing Cars on the Right

As I have written in previous articles, cycling as a primary mode of transportation is increasing in popularity in urban settings especially in Vancouver. While there are a number of dedicated bike lanes, the number of streets without dedicated bike lanes far outweigh the number of streets with them. Section 183 of the Motor Vehicle…

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$110,000 Pain and Suffering Award for Thoracic Outlet Syndrome and Chronic Pain

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…

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ICBC’s Flagrant Ignorance of Trial Orders Criticized as Deserving of Sanction and Rebuke

As was reported in a recent blog post, ICBC in 2019 rolled out its new policy of withdrawing settlement offers and replacing them with unreasonably low settlement offers. The result has been two-fold. First, ICBC is now dragging out claims for as long as possible in hopes that an injured claimant will give up and…

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Driver Found At Fault for Colliding with Cyclist in a Bike Lane

Dedicated bike lanes are now a commonplace in Vancouver. In fact, it has been 10 years since the first dedicated bike lane on Burrard Street Bridge was opened to much controversy after 2 prior unsuccessful attempts. With cycling becoming a more popular form of transportation, there is more potential for accidents to occur with vehicles.…

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Future Loss of Earning Capacity Awarded Despite Injured Claimant Continuing to Work

If an injured plaintiff returns to work after a motor vehicle accident and continues to work despite having injuries that will, at some point in the future, restrict or even prevent him/her from working entirely, is there a claim for loss of future earning capacity? The courts have held in many cases that the answer…

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Personal Injury Lawyer Hiring Tips

The key to healthy lawyer-client relations is trust. Trust builds the confidence needed to make the best decisions in the case. It is therefore important to ask the lawyer whether they work for ICBC or any other insurance company. Ensure the lawyer’s loyalty is undivided. Start your Search Here Auto injury claims are treated differently…

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Lawsuit Against ICBC Lawyer Dismissed as Wild Speculation

This Lawyer  was hired by ICBC to defend against several car accident personal injury claims in 2002. The first three car accidents went to trial with claimant having no lawyer to advocate his case. In his submission to the court, lawyer Mr. Paul Warnett, hired by ICBC, questioned the extent to which the claimant was injured in any of the three…

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When to Get a Lawyer After a Car Accident

As a personal injury lawyer since 1995 my law firm and I have assisted thousands of claimants in search of a legal advocate after an injury. One of the most common questions: Do I need a lawyer?  Why?  Answer: To obtain better compensation without dealing directly with ICBC is often the reason a claimant hires a lawyer. To…

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Injury Claimant Without Lawyer Slaughtered at Trial- Costs Awarded

This married couple went to court with no lawyer for personal injuries arising from three car accidents. Liability for the car accidents were admitted and both claimants contended they were incapacitated and permanently affected by their injuries. Following a 13 day trial  the claimants were awarded very little, under $30,000 each after deductions ( Ma. v. Haniak, 2017 BCSC 549 ). ICBC…

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