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Smile, you could be on camera if making a claim

Smile, you could be on camera if making a claim | ICBC Injury Claims | Scoop.it
Yes, it’s true. Right here in the Okanagan.  There really are private investigators with video cameras spying on car crash victims...Is it fair to call it spying?  Let’s see.  The taping is done surreptitiously, with the crash victim not being noti...
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Smile, you could be on camera if making an ICBC claim

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Walk away from ICBC

Walk away from ICBC | ICBC Injury Claims | Scoop.it
“This isn’t your neighbour, it is your baby!”, the lady said, emphatically.  As I continued walking away she continued: “Don’t you love her?  Don’t you love your daughter?!”. Just minutes before, the same lady challenged my wife saying: “This isn’t ...
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Walk away from ICBC

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What is a limitation period?

What is a limitation period? | ICBC Injury Claims | Scoop.it
There are laws that "limit" how long you can wait before you commence a lawsuit.  In legal jargon, that time limit is called a "limitation period"...There are different limitation periods for different types of claims. For example, the limitation p...
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What is a limitation period?

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Taking it to trial can be risky

Taking it to trial can be risky | ICBC Injury Claims | Scoop.it
A recent court decision illustrates the risk that a trial represents, particularly a jury trial, and the powerful incentive that something called a “formal offer” can be to settle a case instead of going to trial..It is a decision of our Court of Ap...
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Taking it to trial can be risky

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Sometimes you have to sue your mother

Sometimes you have to sue your mother | ICBC Injury Claims | Scoop.it
Bizarre as it may seem, sometimes you really do have to sue your mother, another family member, or a friend to achieve fairness in our system...It is nowhere near as horrible as you might suspect, however.  That person you care about is unlikely to...
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Sometimes you have to sue your mother!

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Sharing fault in a collision

Sharing fault in a collision | ICBC Injury Claims | Scoop.it
For most collisions that cross my desk, the driver of one of the vehicles is totally to blame.  It happens all the time, with distracted drivers blowing stop signs, crashing their vehicles into the back of lines of stopped traffic, pulling out direct...
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Sharing fault in a collision

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Statistics require some analytical ability

Statistics require some analytical ability | ICBC Injury Claims | Scoop.it
I am lucky to have been born with the kind of analytical brain that works well with maths and sciences..Looking back, I feel that very little of the course work I did in maths and sciences has benefitted me in my day to day life.  One glaring...
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Statistics require some analytical ability

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Using the law to impose courtesy

Using the law to impose courtesy | ICBC Injury Claims | Scoop.it
We British Columbians are free to express regret, by way of an apology, without fear of civil consequences.  As Canadians, we’re known for that.  Saying “sorry” is about as stereotypically Canadian as saying...
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Be a sweety and wipe the seaty!


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Vaughn Palmer: Utilities Commission demands explanation for proposed ICBC rate hike

Vaughn Palmer: Utilities Commission demands explanation for proposed ICBC rate hike | ICBC Injury Claims | Scoop.it
The B.C. Utilities Commission provided a timely reminder of its usefulness this week, with a missive questioning many of the assumptions underlying ICBC’s latest bid to increase auto insurance rates.
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When ICBC claims that it has adopted “best litigation practices” to rein in costs associated with legal representation and bodily injury, the commission fired back: “If legal representation and bodily injury severity payouts are continuing to rise, why are they considered best practices?”

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Seniors deserve higher compensation for accident injuries

Seniors deserve higher compensation for accident injuries | ICBC Injury Claims | Scoop.it
One key goal that we strive for in our legal system is consistency.  If two different judges are faced with similar facts, we expect that they will come to similar conclusions..In the context of a personal injury claim, we expect that people...
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Seniors deserve higher compensation for accident injuries

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Hurtful letter about autistic boy draws international ire

Hurtful letter about autistic boy draws international ire | ICBC Injury Claims | Scoop.it
“Sticks and stones may break my bones but names will never hurt me” is a phrase that we all grew up with..According to Wikipedia, it is a nursery rhyme “that persuades the child victim of name-calling to ignore the taunt, to...
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Hurtful letter about autistic boy draws international ire

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Breast baring limitations not legally clear

Breast baring limitations not legally clear | ICBC Injury Claims | Scoop.it
Credit for this week’s column topic goes to local internet phenomenon, Lori Welbourne, who produces an edgy talk radio show every Wednesday night called “On the Rocks” with co-hosts Jason Rock and Stuntman Steve.  The show...
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Breast baring limitations not legally clear

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What is pain worth? Money can only go so far

Do you want to feel powerful?  How about sitting as a juror in a personal injury trial?..You would not be as powerful as the injured victim wishes you could be.  If you were that powerful, your verdict would be: "Take the pain away"...That verdic...
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What is pain worth?

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As if you need another reason to wear your seatbelt

As if you need another reason to wear your seatbelt | ICBC Injury Claims | Scoop.it
It’s illegal not to wear a seatbelt. What is it now, an $85.00 fine? I have no firsthand knowledge. I’ll never have to pay that fine. I always wear my seatbelt...Whoop-dee-doo. Lawyer man obeys the law. Well, not exactly. Nobody\'s perfect.  I’ve ha...
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As if you need another reason to wear your seatbelt

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Low speed should not rule out injury compensation

Low speed should not rule out injury compensation | ICBC Injury Claims | Scoop.it
I’ve got to hand it to the auto insurance industry.  The ideas they come up with to limit what they have to pay to injured victims can be quite brilliant.  It’s no wonder their profits are so high...The Low Velocity Impact Program is one of the mos...
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Low speed should not rule out injury compensation

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Beg, borrow or steal

Beg, borrow or steal | ICBC Injury Claims | Scoop.it
“Beg, borrow or steal”.A quick internet search comes up with definitions of the expression that include: “to do whatever is necessary to get something” and “obtain by any possible means”..The expression comes up often when I am advising my clients ...
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Beg, borrow or steal

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It’s worth hiring a lawyer

Do I need a lawyer? My answer to that question would have a whole lot more credibility if I were not a lawyer. So how about this: Eliminate any self-interest I may have in my answer by resolving that if you do choose to get a lawyer involved in your ...
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It's worth hiring a lawyer

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Fix the law - designated drivers should be protected

Fix the law - designated drivers should be protected | ICBC Injury Claims | Scoop.it
A designated driver is seriously injured when her drunk passenger grabs the steering wheel, causing her to lose control and crash.  Fair financial compensation for her injuries and losses is assessed at close to $800,000.00.  ICBC denies the claim an...
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Fix the law - designated drivers should be protected

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Reasonable and probable grounds?

Reasonable and probable grounds? | ICBC Injury Claims | Scoop.it
.View this article on Castanet Kelowna, where Paul is featured today as a Guest columnist... .I am about to share something I recently learned about impaired driving laws..I feel the need to start with an explanation of why a lawyer who has...
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Reasonable and probable grounds?

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Driver’s licence tactic challenged

Driver’s licence tactic challenged | ICBC Injury Claims | Scoop.it
 .“The Insurance Corporation of British Columbia may, without a hearing, refuse to issue a driver’s licence to a person who is indebted to the Insurance Corporation of British Columbia for any motor vehicle indebtedness.”.I...
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Driver’s licence tactic challenged 

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Ottawa sends signal government ready to engage in reforming assisted suicide law

Ottawa sends signal government ready to engage in reforming assisted suicide law | ICBC Injury Claims | Scoop.it
“That’s one small step for a man, one giant leap for mankind.”  Those words, spoken by Neil Armstrong as he took the first ever step on the moon, are applicable to an announcement made last week by National Health Minister...
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Ottawa sends signal government ready to engage in reforming assisted suicide law

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Standards of proof not the same

Standards of proof not the same | ICBC Injury Claims | Scoop.it
“Prove it” can mean something completely different from one courtroom to the next if one courtroom is hearing a criminal case and the other is hearing a civil one..The court requires criminal charges to be proven beyond a reasonable...
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Standards of proof not the same 

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How search for a mate can land you in traffic court

How search for a mate can land you in traffic court | ICBC Injury Claims | Scoop.it
The growth of the “dating industry” is an indication of how difficult it can be to find a spouse.  You can catch a glimpse by doing an internet search using “dating web sites” as your search criteria.  I think you...
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Are you entitled to compensation for being single?
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BC Could be the first to ban cell phone use while driving

BC Could be the first to ban cell phone use while driving | ICBC Injury Claims | Scoop.it
.News of the latest ICBC rate hike broke on Friday, August 30th.  My latest rant about our laws that forbid handheld cell phone use while impliedly endorsing the equally (or perhaps more) dangerous hands free version “broke” the...
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BC Could be the first to ban cell phone use while driving

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