Personal Injury News

"Renn A. Holness is a gifted lawyer and author to over 1000 legal blog articles. Married father of two daughters, son of a neurosurgeon and founder of Holness Law Group."

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March 2015

Witness can have Lawyer Respond after Car Accident

The claimant was injured in a single vehicle accident when she lost control of her vehicle due to slippery road conditions. The Claimant said that the defendants, responsible for highway maintenance in the area where the accident occurred, were negligent. The Capilano defendants deny liability and say that they complied with their duties. The road…

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Broad Document Disclosure Appeal Allowed

As ICBC Claims Lawyers part of our job is protecting personal injury claimants from broad requests for disclosure of  medical, employment and school records. There are limits to what ICBC and other defendant insurers can expect to receive early in the litigation, and the BC Court of Appeal agrees. In the case of Century Services Inc.…

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Injury Settlement of $77,400 Reduced by Investigation Costs

In this personal injury case a formal ICBC offer to settle in the amount of $77,400 was accepted by the claimant just two weeks before an 8 day trial. ICBC conducted surveillance of the claimant starting the day after the defendant made the offer to settle.  The defendant’s therefore claimed the cost of the investigation…

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Injury Claim Settles for $85,000 But Insurer Fights Costs

The Insurance Corporation of British Columbia, ICBC, is a government created corporate monopoly for third party auto insurance.  ICBC has recently began to use its’ power, after injury claimants accept an offer of settlement, to refuse injury claimants the cost of diagnosis, assessment and treatment of  personal injuries(ICBC denial of costs provokes court comment). In this…

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Making An ICBC Injury Claim- A Case Study into What Not to Do

The following personal injury case will be used as a case study into what not to do as a personal injury claimant. Almost everything a personal injury claimant should not do after a car accident, is contained in this injury case (T. v. ICBC, 2015 BCSC 359). The trial judge should be commended, if not compensated…

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No Car Damage but Judge Wrong to Ignore Medical Evidence of Injury

A new trial has been ordered for this personal injury claimant after the trial judge dismissed the case without any justifiable reason. This personal injury cases gives some assurance that claimant’s can stand up to judges that inject their own opinions in place of medical experts. This case is also a warning to trial judges…

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Principle Operator in ICBC Claim Wins Coverage

It can be confusing to determine the principle operator under ICBC auto insurance when reporting a car accident claim to the Insurance Corporation of British Columbia.  The issue in this case: who drove the automobile the majority of the time? must be established in the evidence ( Schaffner v. Insurance Corporation of British Columbia, 2015 BCSC 314) .…

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ICBC Claimant with Uncertain Grasp of the Law Loses Appeal

Personal injury claimants without lawyers should avoid long and unclear court submissions, a lesson from the following ICBC injury claim. This was an appeal from the dismissal of a lawsuit against ICBC for disability benefits related to a car accident which occurred in British Columbia. The Appellant went to court without a lawyer against ICBC…

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