Ms. Powell’s suffered from neck & upper & lower back pain after her accident. After a short recovery period, she returned to work part-time. She worked for three years part-time but then stopped working because of her ongoing pain.
Ms. P then applied for ICBC basic total disability benefits of only $300 per week. ICBC denied them because she did not receive them within the first 2 years following her accident.
If one is completely disabled from working as a result of a car accident one can apply to ICBC for either basic or extended wage replacement benefits (of up to $700 per week tax free) in accordance with the rules explained below.
In a previous blog on March 11, 2016 we discussed a case where ICBC wrongly accused a claimant of fraud. Two weeks after the judge awarded $350,000 in punitive damages in that case for malicious prosecution, a jury found ICBC liable for wrongly denying a claim again.
Ms. Felix was a designated driver for her boyfriend. He was intoxicated at the time and grabbed her steering wheel. This resulted in a severe accident and severe injuries to Ms. Felix.
A court judgment awarded her nearly $800,000 in damages against her deceased boyfriend but ICBC refused to pay the damages. ICBC’s lawyer argued that it is only obligated to pay for damages arising out of the “use” of the motor vehicle and the drunk passenger’s actions did not constitute “use” of the vehicle.
Mr. Hajikolai was a student who was completing his Master’s degree when he was rear-ended by another vehicle. As a result of the accident, his pre-existing back pain flared up. Doctors concluded that his condition would likely be permanent.
Ms. Gleason was struck by a vehicle in Maple Ridge. After her accident she tried to manage her pain by taking many over-the-counter medications.
ICBC’s lawyer objected to these claims on the basis that Ms. Gleason did not produce receipts.
On April 30, 2014 the B.C. Court of Appeal decided in the Niedermeyer v. Charlton case that people and businesses insured by ICBC can’t rely on a release to avoid liability if they or their employees drive carelessly and cause injuries. Continue reading