2009 November

Ch. 5: Income Replacement after a BC Car Accident

Sources for income replacement if you have an ICBC claim If you are in the hospital and missing work, then if possible, ask a family member or friend to tell your employer that you are in the hospital and aren’t sure when you will be able to return to work. The following are steps (sources for income replacement) you can take if your doctor recommends that you not to go to work (or you are in the hospital and you have a family member or … [Read more...]

Ch. 6: Need Money for Medical Treatment?

This article discusses various types of common treatment as well as sources for treatment funding. Please note that our firm can help pay for treatment for injuries caused by your car accident. Read about how we help pay for treatment here. Types of treatment available I couldn’t possibly list all the available treatment; however, the following is a very brief list of common treatment types that many auto crash injury victims … [Read more...]

Ch. 7: Should You Talk to ICBC?

My comments in this chapter are restricted to injury claims. I do not discuss claims for property damage such as your car or personal items damaged in a crash. After a crash, either you or someone on your behalf must file a claim with ICBC. You can do this online or on the telephone. You can find the ICBC contact information at www.icbc.com/claims-repairs/. If you have a lawyer, he or she can file the claim for you. However, it is … [Read more...]

Ch. 8: Document Your Car Accident

Remember, you have to prove every part of your claim, including your harms and losses which may be: - money you spent relating to your claim; - your injuries and your treatment; - your recovery efforts; - how your injuries affect your life; - your wage loss, past and future; and - your cost of future treatment and care. This article explains how, what, and when you should document on your … [Read more...]

Ch. 9: Talk to an Injury Attorney About Your Auto Accident

You should be able to find an injury attorney / whiplash lawyer who takes on auto accident injury claims, including whiplash injury cases on a contingency. Lawyer and injury attorney fees generally Most auto injury attorneys (often referred to as a personal injury lawyer, injury attorney, or whiplash lawyer) will take your case “on contingency”. This means that the legal fee is a percentage of your settlement or court award. This … [Read more...]

Ch. 10: Do You Have a Claim?

All British Columbians get car insurance coverage through ICBC. In nearly every car crash you have at least one money source, but that source is limited to wage loss and medical treatment. In the industry, this source of money is referred to as Part 7 benefits (Part 7 of the Regulation to the Insurance (Vehicle) Act). The other source of money is from the at-fault person or persons. This is called the tort claim. Part 7 benefits are … [Read more...]

Not Enough Insurance Coverage?

What if the person who causes your crash in British Columbia doesn't have any or enough insurance through ICBC to pay for your accident's harms and losses? Then you can access the insurance coverage provided through ICBC's Autoplan called underinsured motorist protection, usually referred to as UMP. Fortunately many British Columbians and motorists/passengers/cyclists/pedestrians in BC automatically have $1 million in UMP coverage. Some … [Read more...]

What to do after a Car Accident in BC

Recently ICBC set out the following top 5 things to do after a car crash (source: ICBC’s website – click here to review it). What follows are our comments on ICBC’s top 5 things to do. 1. Stop at the scene: If it's safe to do so and you aren't injured, pull over to the side of the road so you don’t block traffic and can safely exchange information with the other parties. If you can't get to a safe area to get out of your … [Read more...]

Hurt? What Litigation Options are Available in BC?

Access to justice is an ongoing topic in British Columbia for persons injured in car accidents with ICBC claims. Access to justice includes the cost and how long it takes to solve disputes. The cheaper and speedier, the better. A few steps the BC government has taken is to offer a variety of litigation options. If you get hurt or have a non-family matter lawsuit (family matters have their own rules and court options), you have 3 … [Read more...]

Interest on disbursements payable by wrongdoer in New Brunswick

Synopsis: New Brunswick Court of Queen’s Bench orders a wrongdoer (defendant) to pay the interest charged to an injured claimant that accrued in order to finance the cost of the lawsuit. This doesn’t make this decision law in British Columbia at this time, but no doubt this issue will soon be addressed in BC’s Supreme Court. (case: Bourgoin v. Ouellette et al, N.B.R. (2d) TBEd. FE.013, February 6, 2009 [The New Brunswick … [Read more...]