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"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 2017

Can ICBC Close My File?

No, ICBC cannot close your file. ICBC is governed by the protection of privacy legislation prohibiting indiscriminate destruction of personal information. If you have complied with the claim application process the Insurance Corporation of British Columbia, ICBC, typically has  30 to 60 days to pay the benefits.  Accident Benefits are payable by ICBC, in the case of weekly…

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Driving off the Road not Always Negligent

There is no presumption of negligence in law simply because a vehicle hauling a trailer drives off the road. In a unanimous reversal this son’s negligence claim against his father has been sent back for a new trial.( click here to read Haynes v. Haynes, 2017 BCCA 131 ) A father and son were hauling a trailer loaded…

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The Rise of False Fraud Claims by ICBC Against Innocent Injury Victims

When ICBC makes a false claim of fraud against you this can affect your work, family life, and personal reputation. ICBC (Insurance Corporation of British Columbia) is an auto insurance monopoly created by government and, unlike most other Provinces, ICBC investigators hold police type powers and provide crown prosecutors with evidence to lay charges against auto…

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$75,000 for Chronic Injuries to Neck and Shoulder

  A money award after a car accident or fall is meant to provide some solace to an innocent victim of personal injury. Some injuries are not amenable to treatment or complete recovery, such as chronic pain syndrome, and victims will have to suffer pain for the rest of their lives. In today’s ICBC case example…

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When ICBC Injury Claimants go on Vacation

Going on a vacation after a car accident injury can change the direction of any ICBC injury claim.  Whether it is for Spring break, pre-planned vacation or other time off work, here are three important tips to for travelling ICBC injury claimants: Discuss Travel Plans with your Doctor Tell your family doctor and therapists about travel plans before…

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Late ICBC Offer Forces Judge to Use Discretion

This injury claimant alleged a number of injuries including brain injury, which was said to have resulted in a loss of about $4 million in capital, as well as about $1,850,000 income to the date of trial and thereafter.  In reasons for judgment indexed at 2014 BCSC 2113, real damages were assessed at $77,750. This is a case…

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Litigant Without Lawyer Ordered to Pay ICBC Costs

After being injured in two cars accidents, the first on the Alex Fraser Bridge, this litigant swaggered into court without a lawyer. ICBC offered him $75,000 but he refused and was awarded $60,000 at trial, all of which will have to be paid back to ICBC as costs. In this article learn about the costs consequences for self-represented litigants…

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Malpractice Lawsuit Dismissed for Late Filing

Medical malpractice claims are among the most complex, risky and unpredictable civil claims to bring before the British Columbia court. This Court of Appeal case reveals the extent to which timing a medical negligence claim with recovery can determine the successful outcome of the case (Bell v. Wigmore, 2017 BCCA 82). This claimant suffered tinnitus, dizziness and…

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Left Turning Vehicle at Fault in Classic Legal Analysis

Car accidents involving one vehicle turning left into the path of another not only cause significant personal injury these collisions raise serious issues of fault and legal liability. The sole issue in this personal injury case was the determination of fault for a motor vehicle accident which occurred at the intersection of Highway 10 and 192nd Street in…

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