Jeff Witten

Drivers To Pay $30 More for Insurance in the New Year

2011-11-30T09:03:00.000-08:00

ICBC says it has to raise insurance rates because of the rising cost of injury claims.

Interesting !!

As a lawyer who handles ICBC injury claims, over the past while I've seen ICBC take a much harder line when injured people try and settle their claims. Mediation is no longer resulting in as many settled cases.

I see more injured people being forced to go to trial in order to get fairly compensated.

So, who's responsible for ICBC's supposedly rising cost of injury claims ?

You tell me !!

BC's New Drunk Driving Laws

2010-04-30T12:34:00.000-07:00

It could happen to you.

You're driving down the road, minding your own business, when all of a sudden your changes in a big way.

Forever.

You get hit by a drunk driver.

What would the appropriate sanctions be for a person who shows such little regard for the lives of others ?

BC's provincial government has recently let it be known that the current laws are not tough enough on drunk drivers.

And when BC's new drunk driving laws come into effect this fall it's all going to change.

Under the new laws drivers who blow over .08, or refuse to provide a breath sample, will face an immediate 90 day driving ban and a $500 fine. They'll also have their vehicle impounded for 30 days and will have to take a responsible driving course at a cost of $880.

Drivers who blow between .05 and .08 will face an immediate 3 day driving ban and a fine of $200.

This will increase to a 7 day ban and $300 fine if the same driver blows within the "warning zone" a 2nd time within 5 years. And a third such infraction will result in a 30 day ban and a $400 fine.

Believe it or not drinking and driving is still a big problem in BC.

Despite all the work done by police and such groups as Mothers Against Drunk Driving, every year many British Columbians are injured and killed by impaired drivers.

Finally though someone "grabbed the bull by the horns" and said "enough to enough".

Michael and Laurel Middelaer's 4 1/2 year old daughter Alexa was killed by a drunk driver 2 years ago. Alexa and her aunt Daphene were feeding a horse on the side of a rural road in Delta when the tragedy occured.

Over the past 2 years the Middelars have spent countless hours lobbying to get BC's drunk driving laws changed. These changes are a testament to their efforts.

For those of us who represent individuals who've been injured ina car accident, these changes to BC's drunk driving laws couldn't have come too soon. We've seen first hand the damage that's done to hard working people and their families by drunk drivers.

ICBC Spending $100 million-plus a Year on Lawyers

2010-02-06T12:06:00.000-08:00

Ian Mulgrew's February 5, 2010 column brings to light a very interesting trend.

ICBC is spending upwards of $100 million per annum on its lawyers. This figure represents a 20% increase over what it spent on lawyers three years prior.

So what ? you might ask.

Well, those of us in the legal trade know full well that ICBC scrutinizes its legal bills quite closely.

So, what this trend clearly indicates is that ICBC is becoming increasingly litigious. These numbers back up what many lawyers who represent injured motorists have been saying in the recent past.

That ICBC is working very hard to ,"put their clients through the hoops".

The real question, though, is simple. What is ICBC's master plan concerning their ever increasing legal expenditures ? Or, more to the point, do they have one.

Is ICBC trying to scare injured people away from pursuing legitimate injury claims ?

Is ICBC trying to make it increasingly difficult for lawyers who represent injured individuals to make a living ?

Is ICBC trying to push BC's legal system to the limit by litigating every case to the limit ?

These questions are all worth considering.

What do you thing ?

The Province February 5, 2010 Cover Story

2010-02-05T16:50:00.000-08:00

The cover of the February 5, 2010 Province newspaper features Miss Kiya Posthuma.

On January 25, 2010, Kiya was struck by a car in Abbotsford while going for her morning jog.

As a result of her car accident Kiya broke both sides of her pelvis and suffered a brain injury.

Despite suffering these significant injuries Kiya will be carrying the Olympic torch this coming Monday in Abbotsford.

In order to do so Kiya will require the use of a wheelchair.

Kiya's story is one of courage.

More to the point, Kiya's determination is reflective of the determination shown by many young men and women who've suffered severe injuries in motor vehicle accidents across British Columbia.

These young men and woman may not have the good fortune to carry the Olympic torch but will no doubt take great pleasure in watching Kiya do so on their behalf.

Concussions/Mild Traumatic Brain Injury In BC

2010-01-31T16:35:00.000-08:00

Car accidents are one of the leading causes of mild traumatic brain injury in British Columbia.

A mild traumatic brain injury can occur in a bunch of different ways. Sometimes the injured person stikes some part of the inside of the vehicle, such as the windshield or headrest. In other cases the injured individual's brain undergoes a a sudden accelerartion/deceleration movement (the mechanics of this type of injury are similar to a whiplash)without their head actually hitting anything.

What's the simplest way to describe what happens inside a person's skull when they sustain a brain injury ?

Think of the brain tissue as being like a soft sponge. What happens is that the soft spung is violently thrust up against the the very hard bone which forms the interior of the skull. The brain tissue is squished. As a result it bruises,tears and/or swells.

What are the symptoms of a mild traumatic brain injury ?

Here are a few symptoms which may be experienced individually or in combination:

1. An altered state of consciousness;
2. dizziness;
3. severe headache;
4. confusion;
5. persistent vomiting
6. Sleep disturbance;
7. difficulties concentrating;
8. difficulties retaining new information;
9. depression and irritability

Unfortunately, many family physicans in British Columbia are not well educated regarding the diagnosis and treatment of mild traumatic injury. As such, it is not unusual for a mild traumatic brain injury to go undiagnosed by a family doctor.

A valuable medical program that is not well know amongst primary medical treators in British Columbia is the GF Strong Rehab Center's Early Response Brain Injury Service. This service is available for anybody with a recent mild traumatic brain injury either by self-referral or through a family doctor. Go to the GF Strong Rehab Centre's website to get more information or to locate a referral form.

Often it is the victim of mild traumatic injury who must seek out appropriate medical attention. More to the point, the sooner they pursue proper medical treatment the more likely they are to make a good recovery.

When's The Best Time to Hire a Lawyer for my ICBC Claim ?

2009-12-20T16:14:00.000-08:00

In British Columbia the law states that you have two years,from the date on which you were injured in a car accident, to either settle your case with ICBC or have a lawsuit filed.

So, in theory, you could wait close to two years before hiring a lawyer to handle your auto injury claim. And every couple months someone will phone me from the airport, just before getting on a flight to Cabo, to talk about their case which is 1day shy of the 2 year mark.

Back in the real world , however, the question you have to ask yourself is whether you're serious about getting your ICBC claim properly handled.

Most of the time when someone sees me with a case that's over a year old it's damaged goods.

What do I mean ?

A good settlement or trial judgement is a product of having done things properly throughout the life of your case. For 99.9% of British Columbians that means relying on the advise provided by their lawyer from very early on in the game. And not giving ICBC the opportunity to have their way with them for a number of months.

Besides, any personal lawyer who's experienced at handling ICBC injury claims is going to handle your case on a contingency( percentage )fee basis. Often, the percentage is the same regardless of when you hire that lawyer. So you might as well get full value and hire them early on.

ICBC injury claims are like alot of problems. They don't get solved to your best advantage by being ignored.

Bicycle Accidents - The Rainy Season Is Upon Us

2009-11-22T16:54:00.000-08:00

The monsoons are upon us once more.

For Vancouver cyclists the rainy season means that extra caution is advisable.

Why?

Under the best of weather conditions cycling on Vancouver's roadways can be a risky proposition. But once the rain starts to fly the plight of cyclists becomes even more pronounced.

What safety issues should cyclists be aware of ?

The research indicates that the risk factors include:

- Time of Day : 17 percent of deaths and 23 percent of injuries occur during the afternoon rush hour. And 30 percent of cyclist fatalities happen at night or under artificial light conditions;

- Location : Cyclists are more likely to be injured or killed at an intersection or at locations with traffic signals or other traffic control devices. In rural areas, a significant number of cyclist fatalities occur on roads with posted speed limits of 80 km/h or more;

- Age : Cyclists under the age or 24 have significantly higher death and injury rates than the rest of the population.

What issues are specific to cyclist injury claims:

- When a cyclist gets injured I've found that ICBC almost always contests responsibility/liability. The information provided by witnesses is often critical to winning a cyclist's case. The moral of the story here is get the names, telephone numbers and addresses of witnesses;

- The damage caused to your bike may also be useful in sorting out the issue of responsibility/liability. Don't get your bike fixed before having it photographed and inspected by an individual who has the skill necessary to properly document and describe the damage caused by your accident;

- If the car that hit you was damaged in the accident, this damage also helps tell the tale of how the accident happened. Once the damage to this car gets repaired that "evidence" is gone. If you bring this matter up with your ICBC adjuster they'll probably tell you not to worry as they've taken pictures of the car. In my experience the quality of their pictures is poor at best.

So all my cyclist clients and friends, stay safe. And be careful out there.

Get off of Facebook !!

2009-11-07T11:32:00.001-08:00

GET OFF OF FACEBOOK !!

NOW !

Social Media has become "mana from heaven" for ICBC. They have people who do nothing but scour Facebook, Blogger and Myspace looking for personal information about people who have made injury claims.

Why ?

Because it's an easy and sometimes very effective way of attempting to dig dirt on someone.

Are they legally allowed to do that ?

There are no legal restrictions on ICBC's ability to access personal information that people post on their social media site.

What are they look for ?

Photos, notes, blogs, etc. Basically, anything which can be used to make it appear that an individual isn't telling the truth about their injuries and/or their ability to work, play sports, party or do anything which they say they can't do.

The trouble here and what most people don't consider is that often there's more to an injured person's story than meets the naked eye. Maybe they were in pain at the time that photo shows them hiking. But the photo doesn't show the pain. Only the hiking.

What should I do ?

If you are using sites like Facebook shut it down. Or at a minimum make sure that everything on your site is "kosher".

But don't stop there. Ask your friends to remove posted pictures of you or comments about you from their sites.

The skinny here is that nothing is truly private online.