This article provides a brief overview of the steps to be taken in making a claim for accident injury benefits with ICBC. This guide only applies to accidents that occurred on or after April 1, 2019. Jurisdiction of the Civil Resolution Tribunal A Notice of Civil Claim can no longer be filed to preserve the…
Insurance Corporation of British Columbia and David Eby, the Minister Responsible for ICBC Before Attorney General David Eby brought in ICBC no-fault auto insurance he told the public this would not happen. Mr. Eby said no-fault auto insurance would not be considered. Injury victims relied on Mr. Eby to be truthful and continued to pursue…
Injury Claimants Now Entitled to Fair Costs Auto insurance monopoly ICBC has lost the ability to deny injury claimants case costs in this dramatic Supreme Court ruling ( ICBC 6% rule overturned). ICBC claimants can now obtain more money to compensate for case expenses. Many of these injury cases have dragged on due to ICBC’s…
If ICBC is not ready for trial, it can apply to the court for an order adjourning (rescheduling) it to a later date. The court will not automatically adjourn a trial. There is a heavy burden on ICBC to prove why an adjournment is necessary before the order is granted. If the order is denied,…
The Court of Appeal has re-defined the concept of indivisible injury in the assessment of civil damages ( Neufeldt v. Insurance Corporation of British Columbia, 2021 BCCA 327 ). The legal distinction between divisible and indivisible injuries is an important question of law in many personal injury cases. In this case review we will explain…
What Types of ICBC Claims Are Available to You? If you have been injured in a motor vehicle accident, you may be overwhelmed with not only your own injuries and rehabilitation, but also with figuring out how to deal with ICBC. You are likely wondering what types of claims you can make against ICBC, how…
On May 27, 2021 the Supreme Court awarded our client more than double the amount ICBC offered for compensation for car accident injuries after a short four day trial. In awarding $90,000 for her pain and suffering the judge took into account the plaintiff’s age; the nature of the injury; the severity and duration of…
ICBC is a crown corporation. A crown corporation is a public sector organization established and funded by our own elected provincial government. ICBC was created to provide universal compulsory automobile insurance to British Columbian drivers. As “compulsory” automobile insurance, ICBC has a monopoly over the entire province. There is simply no competition or choice. If…
Since the NDP have been in power, the party has completely restructured ICBC to suit the government’s needs and to save this crown corporation money. Instead of focusing on restructuring and fixing the severe mismanagement of ICBC to protect injured claimants, British Columbians have been the target with their rights being stripped away with the…
Dash Cam Footage in Your Injury Claim In an ICBC injury case dash cam footage can be the best evidence. When the fault for an accident is in question, video footage makes the difference. The issue of liability can largely be determined with strong evidence of video. Credibility and reliability are therefore very much ancillary…