Tag Archives: Compensation

An update on how the courts deal with pre-existing injuries and how this will affect your ICBC claim.

  Clients of mine often suffer from pre-existing injuries; these are injuries that they suffered from prior to their motor vehicle accidents. Pre-existing injuries can severely complicate how much your case is worth and how you should deal with ICBC. The law on this area is equally complicated. A recent Supreme Court of British Columbia […]

ICBC Announces their Most Bizarre Insurance Scams of 2014

  http://www.cbc.ca/news/canada/british-columbia/icbc-s-most-bizarre-insurance-scams-of-2014-1.2936587 The temptation to scam an insurance corporation can be strong, as the potential payout can be large. Keep in mind that fraud is not only illegal, but it also has strong consequences in the insurance and legal world. It can be a reason for an insurance company to breach your insurance, which could […]

What are the consequences of lying to ICBC?

Lying to ICBC either before or after a car accident can be disastrous. It gives ICBC reason to void your insurance. The law allows them to do so if an insured commits fraud or makes a “willfully false statement with respect to a claim”. If you get into an accident and your insurance has been […]

What are the consequences of losing a personal injury case?

  When choosing to go ahead with a personal injury case you should always consider the consequences of losing. In this recent Supreme Court of British Columbia case, the plaintiff was found to be 100% at fault for the accident (which involved a bicycle striking a truck). The Plaintiff was assessed court costs against him: […]

Can I sue even if I’m only involved in a “fender bender”?

The simple answer is yes. The courts have ruled conclusively on this issue: http://www.canlii.org/en/bc/bcsc/doc/1993/1993canlii1318/1993canlii1318.html ”     I do not subscribe to the view that if there is no motor vehicle damage then there is no injury.  This is a philosophy that the Insurance Corporation of British Columbia may follow, but it has no application in […]

What happens if I am injured in a hit and run?

A “hit and run” involves one or more drivers leaving the scene of an accident without providing their name and address. It is a crime in Canada to commit a hit and run. The punishment for this crime can be up to life in prison, depending on the circumstances and injuries to the parties involved. […]

Pedestrians are more likely to be injured during the winter.

  With the winter in Vancouver comes darkness and lots of rain. This makes it much harder for motorists to see or react to pedestrians. The dark and rainy conditions result in lower than usual visibility. The wet and sometimes icy conditions make it much harder for drivers to bring their vehicles to a stop […]

The penalty for being caught using your cell phone while driving has increased: the “crotches kill” campaign.

As of last Monday (October 21, 2014), the penalty of using a hands free device, including a cellular phone, while driving has increased. http://globalnews.ca/news/1624055/stiffer-distracted-driving-penalties-as-of-monday/ Prior to Monday the penalty was merely a $167 fine. As of Monday the penalty now includes 3 demerit points on your license. An increase in the fine is also being […]

Contingency Fees and Your Personal Injury Case.

  It is common in British Columbia for lawyers to provide legal services in personal injury cases in exchange for a contingency fee. A contingency fee is a percentage of the amount a case settles for. In British Columbia, the law society has set a maximum that lawyers are allowed to charge in personal injury […]