Written by admin on . Posted in ICBC Liability (fault) Cases, Uncategorized.
Reasons for judgement were released today by the BC Supreme Court, New Westminster Registry, dealing with the duty of Pedestrians to use a sidewalk or crosswalk where one is available. In today’s case (Larsen v. Doe) the pedestrian Plaintiff was struck by a vehicle while “walking in a T intersection normally used by vehicles“. There […]
Written by admin on . Posted in Civil Procedure, Uncategorized.
If you are the victim of a hit and run collision in British Columbia you can sue ICBC directly in certain circumstances to seek damages in tort. This is so because of Section 24 of the Insurance (Vehicle) Act which creates certain compensation rights for victims of hit and runs. ICBC’s monetary liability under Section 24 arising our […]
Written by admin on . Posted in ICBC Wage Loss, Uncategorized.
When advancing a personal injury claim against another as a result of a BC Car Crash claims for past wage loss are limited to wage loss less income tax. This is so because of s. 98 of the Insurance (Vehicle) Act which reads as follows: Despite any other enactment or rule of law but subject […]
Written by admin on . Posted in Civil Procedure, independent medical exams, Uncategorized.
As I’ve previously posted, ICBC can typically arrange an ‘independent’ medical exam (IME) in one of two ways. The first is when an ‘insured’ applies for first party no-fault benefits. Section 99 of the Insurance (Vehicle) Regulation gives ICBC the power to compel an IME in these circumstances. The second is under Rule 30 of […]
Written by admin on . Posted in Civil Procedure, ICBC Liability (fault) Cases, Uncategorized.
I’ve previously posted that victims of Hit and Run accidents in BC can make a claim directly against ICBC in tort in certain circumstnaces under Section 24 of the Insurance (Vehicle) Act Section 24 has certain restrictions built in limiting the circumstances when ICBC can be sued as a nominal defendant. One of these restrictions requires […]
Written by admin on . Posted in Civil Procedure, Uncategorized.
Imagine being the victim of a hit and run accident in British Columbia and sustaining serious injuries. You try your best to figure out the identity of the offending motorist but you get nowhere. Your injuries significantly impact your day to day life and your medical expenses and wage loss are sky-rocketing. Without knowing the […]
Written by admin on . Posted in Civil Procedure, Uncategorized.
If you are injured in BC through the fault of another and advance a tort claim you have a duty to mitigate your damages. What this means is you have a duty to take reasonable steps to minimize your losses. For example, if you are capable of getting back to work you ought to do […]
Written by admin on . Posted in Uncategorized.
(Note: the case discussed in the below article was upheld by the BC Court of Appeal on March 19, 2010) What if you are injured in British Columbia in a Hit and Run motor vehicle accident where you could not ascertain the name of the driver / owner of the vehicle that injured you? Can […]