Written by admin on . Posted in Uncategorized.
While ICBC does provide coverage for most tort claims following BC motor vehicle accidents there are certain exclusions to their coverage. Last week the BC Court of Appeal released useful reasons for judgement addressing the scope of ICBC’s “Attached Equipment” exclusion. In last week’s case (Wormell v. ICBC) the Plaintiff was injured in a 2003 incident […]
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Reasons for judgement were released this week discussing the division of the limited funds available from ICBC when multiple parties successfully sue ICBC for damages as a result of injuries caused by an unidentified motorist. In today’s case (Thoreson v. ICBC) the Plaintiff and his passenger were injured in a 2002 motorcycle accident near Vernon, […]
Written by admin on . Posted in ICBC No-Fault (Part 7) Benefits, Uncategorized.
Two Judgements were recently released by the BC Supreme Court discussing the “harsh” reality of Part 7 Benefits Deductions in ICBC Injury Claims. As previously discussed, if you are entitled to receive Part 7 Benefits under your policy of insurance and don’t pursue these a Defendant who is responsible for injuring you in a BC Motor […]
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Reasons for judgement were released this week by the BC Court of Appeal discussing the extent of ICBC’s comprehensive coverage for vehicle fire damage under the former section 132 of the Insurance (Vehicle) Regulation. In today’s case (Swailes v. ICBC) the Plaintiff leased a Corvette. The Plaintiff purchased insurance with ICBC which included “comprehensive […]
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I’ve written many times about ICBC Injury Claims involving unidentified drivers. In short, individuals injured by unidentified motorists can sue ICBC directly for compensation but there are statutory requirements that need to be complied with to succeed with such a claim. The most litigated issue in these claims is whether the Plaintiff took “all reasonable […]
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If a person is injured by the actions of an uninsured motorist in BC they can seek compensation directly from ICBC under section 20 of the Insurance (Vehicle) Act. There are certain limitations to section 20 claims and one of these was that ICBC could deduct Workers Compensation Benefits. This changed by the new section 106 of the […]
Written by admin on . Posted in ICBC Liability (fault) Cases, Uncategorized.
As previously discussed, when suing ICBC for damages as a result of the actions of an unidentified motorist (UIM), a Plaintiff needs to make reasonable efforts to ascertain the identify of the UIM. Failing to do so will prove fatal in the claim against ICBC under s. 24 of the Insurance (Vehicle) Act. Reasons for […]
Written by admin on . Posted in BC Supreme Court Costs Cases, Uncategorized.
There have been many cases dealing with “the relative financial circumstances of the parties” focussing on whether a Defendant is insured in deciding the costs consequences after trials with formal settlement offers. (The BC Court of Appeal weighed in on this issue earlier this year deciding insurance can in fact be considered). There have not, however, […]
Written by admin on . Posted in Civil Procedure, ICBC Liability (fault) Cases, Uncategorized.
Reasons for judgement were released today by the BC Court of Appeal dismissing ICBC’s appeal of judgment finding them liable for injuries caused during a 2004 “gas and dash” incident. In today’s case (Nayar v. ICBC) the Plaintiff was the owner of a gas station. An unknown motorist fuelled her vehicle and attempted to drive away […]
Written by admin on . Posted in ICBC Wage Loss, Uncategorized.
There has been some uncertainty in the law over the past few years over the amount that is to be deducted by trial judges when awarding past income loss in tort claims arising from BC motor vehicle collisions. This issue was clarified in reasons for judgement released today by the BC Court of Appeal. In […]