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rear end car accident

Injured Claimant At Fault for Rear End Accident – Appeal Dismissed

In the usual course, a driver who rear-ends another vehicle will be found at fault for the accident. It is only in exceptional circumstances that the driver who was rear ended will be liable such as when he/she made a sudden, unexpected and unexplained stop. In Bains v. Chatakanonda 2018 BCSC 2412, the claimant was…

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$150,000.00 Pain and Suffering for Somatic Symptom Disorder

Written by Ms. Jacqueline A. Small, B.A. LL.B In this personal injury case the ICBC injury claimant was rear-ended while stopped for traffic on the Lions Gate Bridge in Vancouver (Verjee v. Dunbrak 2019 BCSC 1696). At trial, the injury claimant argued that the motor vehicle accident caused her to suffer from ongoing chronic pain in…

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$100,000 Pain and Suffering for Rear End Soft Tissue Injuries

This ICBC injury claimant was rear-ended in 4 motor vehicle accidents within a 2 year period. The first whiplash injury occurred at the intersection of Lougheed Highway and 207th Street in Maple Ridge. She gave evidence that funding requests had been sent to ICBC for treatment but no funding was approved. The second accident occurred…

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ICBC Rear End Injury Award in US Dollars

This whiplash claimant was awarded $110,000 for pain and suffering despite an ICBC assessment of $5,000. Insurance Corporation of British Columbia, ICBC, was the insurer of the guilty driver. The claimant was a passenger in a car that was rear ended. The defendants’ vehicle sustained no damage. There was minor damage to the claimant’s vehicle.…

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ICBC $450,000 Rear End Accident Award for Chronic Pain

Evaluating how much your ICBC injury claim is worth for chronic pain will now depend on the date of the accident. Attorney General David Eby has artificially defined chronic pain as a “minor injury” for accidents after April 1, 2019 to save ICBC money. Mr. Eby has clogged the courts by encouraging ICBC to low…

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Rear Ending Vehicle Not Faulted for Agony of Collision

In this unusual car accident case the claimant was driving west on Marine Way in Burnaby approaching Byrne Road when a vehicle driving east lost control of his car, went over the median and collided with the claimant’s vehicle. Another vehicle was travelling west on Marine Way behind the claimant and rear-ended the claimant’s vehicle. The claims…

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$70,000 Pain and Suffering for Soft Tissue Injuries

In this personal injury case the claimant, a registered clinical counsellor, was injured when her car was rear-ended while stopped at a stop light at the intersection of Highway 99 and Nesters Road in Whistler, B.C.  Fault was admitted and the claimant established injuries to her neck, upper and lower back, right wrist, right leg, and headaches.  Her…

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Loss of Past Earning Capacity on “Real and Substantial Possibility” Threshold

In this car accident personal injury case the claim for past loss of earning capacity was dismissed as speculative. Even though the trial judge used the wrong and higher standard of balance of probability, the Court of Appeal still dismissed the appeal. (Rousta v. MacKay,2018 BCCA 29). The ICBC claimant was driving on Taylor Way…

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$730,000 Rear End Injury Settlement Awarded Costs Above BCMA Guidelines

The claimant was rear ended when stopped in traffic which caused her vehicle to strike the rear of another vehicle in front of her. This personal injury case settled on the Friday prior to the commencement of trial the following Monday. The settlement was for payment of $736,807.00 new money, plus assessable costs and disbursements for…

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ICBC Settlement Averages for Rear Ender Accidents

The Rear Ender: Mechanics of  Whiplash Associated Disorder The neck acts as a stationary marker during an average rear end impact collision. When hit from behind by a car the spine and torso load the seat and the torso begins to accelerate. Significantly high shear forces develop in the neck and brain, the spinal curves straighten and the…

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