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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ICBC benefits

Big Changes to ICBC Injury Claims

The 2019 changes to ICBC benefits not only affect car accidents after April 1, 2019 but also all accidents before April 1, 2019. These changes affect claims in different ways. Ask your ICBC adjuster to explain in writing how the changes to ICBC affect your claim for ICBC benefits. Take time to read and understand…

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How Much an ICBC Case is Worth After Deducting Benefits

The worth of an ICBC personal injury case can be significantly changed by accident benefits received.  ICBC accident benefits are deductible from a personal injury case award against an at fault driver in British Columbia. Here are some important benefits to consider when reviewing what benefits may be deducted from an out of court settlement…

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Progressive Loses Subrogation in Personal Injury Claim

Progressive insured the Washington State claimants in two separate personal injury actions in British Columbia. The claimants were riding a motorcycle in British Columbia when they collided with a rental vehicle. The claimant’s insurance policy provided that Progressive would pay “reasonable expenses incurred for necessary medical services” received by the plaintiffs as insureds “within three years of the date…

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ICBC Accident Benefits Inadequate for Many Claimants

Voluntary payments made by ICBC to victims of personal injury is a signal that the current system is inadequate. Without ICBC advanced payments made on the basis of third party liability coverage many claimants would not be able to survive after an accident related injury. Here are 3 basic accident benefits you can expect if you…

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The Right to Die and ICBC Death Benefits- End of Life…Insurance

BC auto insurer, ICBC, must decide what happens to death benefits and survivor  insurance if a person chooses to have a doctor assist ending their life as a result of a catastrophic injury. Will  ICBC death benefit insurance be excluded even if  death would have occurred within the policy term anyway? Will ICBC pay for assisted death…

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ICBC Doctor Examinations and the Requirement to Attend

ICBC  Medical Examinations Medical assessments and examinations conducted for the Insurance Corporation of British Columbia, ICBC, will have profound implications on any personal injury claim. Here are some important requirements that must be in place before an injury claimant must attend at an ICBC doctor: 1. Being an ICBC Insured Being insured with ICBC is defined…

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Maximum Amounts For ICBC Injury Claims

Part of my job as a personal injury lawyer often is to help claimants understand how much money they are entitled to receive from ICBC after a car accident injury.  The Insurance Corporation of British Columbia is a Province wide government created insurance company responsible for compensated victims of personal injury on behalf of their…

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ICBC and the New Duty of Honesty in Contractual Performance

After a car accident the injured expect ICBC to act honestly when administrating accident insurance benefits under the universal auto insurance coverage. However the law in Canada  has never imposed a duty on the Insurance Corporation of British Columbia to perform the terms of the contract of insurance honestly, until now. In the ground breaking…

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Maximum Injury Award for Pain and Suffering $351,000

The question in this personal injury case was whether the claimant should be awarded the maximum amount for pain and suffering, reserved for catastrophic injury, or at something lower.  On the evidence, the upper limit set by the Supreme Court of Canada, adjusted for inflation, was $351,000. This limit now applies to all ICBC personal…

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ICBC Medical Examinations Change for Accident Injury Litigation

When a person is injured in a motor vehicle accident and has already attended a medical  assessment set up by the Insurance Corporation of British Columbia, ICBC, does ICBC have a further right to require the claimant to attend  more medical assessments in the personal injury lawsuit against the other driver? Supreme Court Civil Rule 7-6(2)…

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