Tag Archives: Car

Part 7 benefits and pre-existing injuries.

  Part 7 benefits, also known as “No Fault” benefits, are benefits owed to parties injured in motor vehicle accidents in British Columbia. These benefits are payable regardless of who is at fault for a car accident, hence the moniker “No Fault” benefits. These benefits will cover a portion or all of various treatment expenses. […]

The government of British Columbia is cracking down on highway drivers…. driving too slowly.

New legislation will increase the power police have to pull over drivers who are obstructing the left or “passing lane” of a highway: As it stands now, there is already a $109 fine for driving in the left lane slow enough to obstruct traffic. Apparently, the problem with this old law was that it was […]

How will dash cams change the personal injury landscape?

The obvious answer is that in liability disputes dash cams will provide very strong evidence towards who is at fault for a motor vehicle accident. This can be extremely valuable to a plaintiff who is injured by a defendant that is not telling the truth. It can also be valuable to a defendant who is […]

What are the consequences of lying to ICBC?

Lying to ICBC either before or after a car accident can be disastrous. It gives ICBC reason to void your insurance. The law allows them to do so if an insured commits fraud or makes a “willfully false statement with respect to a claim”. If you get into an accident and your insurance has been […]

Can I be found liable for an accident even if I am driving below the posted speed limit?

Although violating a speed limit is likely to get you a large ticket (and potentially other penalties), compliance with speed limits alone will not dictate who is at fault for an accident. It seems intuitive that relying on the posted speed limit to dictate how fast you travel should be a valid defence, but this […]

Can I make a claim for business losses for my new business, even if I have not earned anything from it yet?

This issue was recently dealt with by the Supreme Court of British Columbia: http://www.courts.gov.bc.ca/jdb-txt/SC/14/24/2014BCSC2429.htm Here, a part time accountant, who had plans to expand her business into a full time practice, was injured in a motor vehicle accident. As a result of the injuries she sustained in this accident, she was unable to expand her […]

What are the consequences of losing a personal injury case?

  When choosing to go ahead with a personal injury case you should always consider the consequences of losing. In this recent Supreme Court of British Columbia case, the plaintiff was found to be 100% at fault for the accident (which involved a bicycle striking a truck). The Plaintiff was assessed court costs against him: […]

Can I sue even if I’m only involved in a “fender bender”?

The simple answer is yes. The courts have ruled conclusively on this issue: http://www.canlii.org/en/bc/bcsc/doc/1993/1993canlii1318/1993canlii1318.html ”     I do not subscribe to the view that if there is no motor vehicle damage then there is no injury.  This is a philosophy that the Insurance Corporation of British Columbia may follow, but it has no application in […]