What if I have an MVA while working?

I was working at the time of my collision. ICBC claims that the driver who was at fault was also working at the time and that I therefore have no claim against ICBC. Is ICBC right? If the other driver was not a “worker” as defined by the Workers Compensation Act, you have may have to decide whether to make a WorkSafeBC claim or to claim damages against ICBC; however, ICBC may refuse to pay you disability benefits or fund your rehabilitation on the basis that you were a “worker. ” If both you and the other driver are found to be “workers,” then you are not...

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What are the steps of a personal injury lawsuit?

The current Supreme Court Rules came into effect in British Columbia on July 1, 2010. The following paragraphs set out a summary of the main steps in a personal injury lawsuit under these Rules. It is important to note that not all lawsuits proceed in the same fashion. This article is designed to provide a general overview and does not address all situations. 1. Information Gathering – the first step in any lawsuit is to gather the relevant information from documents, the accident site, witnesses, doctors, caregivers, family, friends, co-workers and any other relevant sources of information....

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How do disability benefits effect my ICBC claim?

If a person injured in a motor vehicle accident has access to a short-term or long-term disability plan because of the injuries suffered in the motor vehicle accident this is, generally speaking, a significant advantage. The advantage is that in most situations ICBC cannot deduct the disability benefits paid when considering settlement on the injury claim. In other words, if the net wage loss is $10,000 and the insured is paid $5,000 in disability benefits, ICBC does not pay $5,000, they pay $10,000. ICBC is not allowed to deduct disability benefits in situations where the insured pays all...

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“Failure to follow up” by insurer may be punished.

On May 4, 2010, the Nova Scotia Court of Appeal held in Kings Mutual Insurance Co. v. Ackermann, that by not following up on all the evidence relevant to the claim, withholding critical information from the adjuster engaged to investigate the claim and allowing the adjuster to present the results of the investigation in a partisan, biased and un-objective manner, the insurer’s actions were such that an award of punitive damages was rationally required to punish the insurer’s conduct. The insureds were insured for damage to their dairy barn for the peril of a “windstorm”,...

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How can an LTD claim be settled?

Although many disputed Long Term Disability claims lead to lawsuits, most claims settle before trial. There are a number of approaches a disability lawyer can pursue to resolve a long term disability claim without a trial: 1. Reinstatement – this is the simplest way to resolve a long term disability claim. The insurer will pay a lump sum to bring the disability benefit up to date (i.e. payment of arrears), and then restart payments under the disability policy. This type of resolution will often occur when the insured is young and the prognosis for a return to work is uncertain. In this...

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