Monthly Archives: July 2016

$6,000 Limit for Whiplash Soft Tissue Injury Compensation?

No, There is no such limit on the compensation available to ICBC whiplash claimants or others suffering from neck injury and soft tissue injury in British Columbia. I have had several ICBC injury claimants call me about this mistaken impression. I … Continue reading

Without Prejudice Offers Not Admission of Liability

Personal injury lawyers and claimants need to know that a “without prejudice” letter from an insurance adjuster containing a request to settle does not extend the limitation deadline to start the lawsuit, says the Court of Appeal (Trombley v. Pannu,2016 BCCA 324).  The trial judge dismissed … Continue reading

Start Your Claim With ICBC for Personal Injury

Making an injury claim with ICBC, Insurance Corporation of British Columbia, after a vehicle accident requires providing specific information and meeting certain deadlines. What you say to ICBC in the first 30 days can set the tone for how your injury … Continue reading

Slow Overtaking on the Highway is now the British Columbia Standard

An annoyingly slow overtaking vehicle cannot be blamed for the bad driving of others. The Court of Appeal has ruled that the overtaking another vehicle as quickly as reasonably possible standard is now inappropriate in British Columbia ( Borgfjord v. Boizard, 2016 BCCA 317). … Continue reading

Claim Private MRI as a Special Damage not a Disbursement

Here is an important tip for personal injury lawyers in BC- If the family doctor ordered or requested your client to have a private MRI and the advice was  followed, this cost should be claimed as a special damage, not a disbursement (Uppal v. Judge, 2016 … Continue reading

How to Draft an Offer to Settle to ICBC

  Formal offers to settle in personal injury cases, including ICBC, filed in the Supreme Court are regulated by the Supreme Court Rules. Rule 9-1 is very specific about what is considered an offer to settle.  An “offer to settle” is an … Continue reading

Motorcyclist Faulted for Hitting Volkswagen Beetle

Today’s motor vehicle accident case occurred in in Mission, BC between a motorcycle and a 1968 Volkswagen Beetle. The collision occurred as the claimant’s motorcycle attempted to pass the defendant’s vehicle on the left which was making a left turn ( Tabori v. … Continue reading

Settlement Offers to ICBC in Fast Track Cases- Getting Double Costs

The settlement amount offered to ICBC and the timing of the offer is important to a claim for double costs, even in “Fast Track” cases. As a general rule, the successful party in a fast-track personal injury case is awarded $6,500 in … Continue reading

Avoid Becoming a Hired Gun- Brain Injury Opinion Rejected Again

Doctors and therapists that want to avoid earning the label of “hired gun” should: (1) limit the amount of work they do for one insurance company; (2) keep up to date with changes in medical research; (3)avoid unnecessarily criticizing medical … Continue reading