BLOG

Recent Posts

ICBC Car Accident Injury

ICBC Ordered to Pay ICBC car accident injury victim $350,000 in Punitive Damages and $30,000 for Emotional Distress in False Injury Fraud Accusation.

Spencer MacLean, MacLean Law

Fort St John  and Vancouver ICBC Car Accident Injury lawyers member Spencer MacLean has a perfect 5 star rating on lawyerratingz

In a very sad ICBC car accident injury case, a poor women who spoke little English went through a horrific experience in dealing with ICBC. The case points out why you need to hire an experienced ICBC car accident injury lawyer early on in an ICBC personal injury case. We have an experienced team of tenacious and no nonsense lawyers who routinely deal with the skilled ICBC adjustors.

Don’t compound an accident with a mistake- hire our ICBC car accident injury lawyers right after you get medical treatment. Call MacLean Personal Injury Now at 604-576-5400

The recent and highly publicized BC Supreme Court decision of Arsenovski v. Bodin 2016 BCSC 359 ordered ICBC to pay $350,000.00 in punitive damages for maliciously prosecuting the plaintiff, Mrs. Arsenovski. Mrs. Arsenovski moved to Canada in 1999 from Yugoslavia was in her early fifties at the time of the accident and did not speak English. After being hurt she had no idea she would be falsely charged with a criminal offence.

Have You Suffered A ICBC Car Accident Injury?

Our ICBC car accident injury lawyers worry many innocent ICBC car crash victims have suffered similar treatment to that of poor Ms. Arsenovski in a recent case where ICBC was found to have maliciously prosecuted her. Our ICBC car accident injury lawyers want to hear from you:

  • Have you been accused of exaggerating or making up your injuries by an ICBC representative?  
  • Have you seen the new ICBC ads alleging a large number of ICBC Car Crash injury victim claims are fake, ads that use your own ICBC premiums to bash many innocent victims like yourself?
  • Have they ever told you how many times their position has been found to be unreasonable by the courts?
  • Are you being treated with disrespect by ICBC and does it make you upset?

 

What Can A ICBC Car Accident Injury Victim Do To Level The Playing Field Against ICBC?

Our lawyers don’t blame you for being upset. First you are hurt and then when you seek to be made whole through the ICBC insurance plan you’ve paid thousands of dollars to over the years, ICBC tries to get you to take nominal sum or says you get nothing at all. You don’t have the money to advertise that ICBC is unreasonable and to raise public awareness you are being bullied so what can you do?

If you or someone you know has been intimidated by ICBC as a result of a motor vehicle accident contact MacLean Law’s Personal Injury department today to set up a free consultation at one of our four office locations.

Tell Me More About The ICBC Car Accident Injury Bullying Case

The recent and highly publicized BC Supreme Court decision of Arsenovski v. Bodin 2016 BCSC 359 ordered ICBC to pay $350,000.00 in punitive damages for maliciously prosecuting the plaintiff, Mrs. Arsenovski. Mrs. Arsenovski moved to Canada in 1999 from Yugoslavia was in her early fifties at the time of the accident and did not speak English.

Mrs. Arsenovski was a pedestrian who was struck while crossing the street in Burnaby with her husband in January of 2000. The vehicle struck Mrs. Arsenovski as it was turning left, the plaintiff suffered bruising as a result of being hit by the vehicle and falling down.

The Arsenovski’s through use of a translator provided a written statement to ICBC who soon after through the use of an ICBC special investigator submitted a Report to Crown Counsel also known as an “RTCC” recommending criminal charges be laid for fraud.

Crown Counsel acted on this recommendation and charged the Arsenovski’s with making a false statement contrary to s. 42.1(2)(b) of the Insurance (Motor Vehicle) Act (at the time). She was then forced to hire a criminal lawyer instead of receiving an injury settlement!

The Judge Was Not Impressed With ICBC

The Court would determine that there were several inaccuracies in the RTCC and the charges were eventually thrown out, as the Hounrable Madam Justice S. Griffin stated:

[425]     Mr. Gould’s RTCC was materially misleading. I have concluded his conduct amounts to an abuse of his office, and that he and ICBC are liable to Mrs. Arsenovski for the tort of malicious prosecution.

[426]     The malicious prosecution brought fear and shame to a vulnerable person. The criminal charge against Mrs. Arsenovski was only stayed on the day of the criminal trial. The stain she feels on her character as a result of being charged criminally might never be erased.

The Honorable Madam Justice S. Griffin awarded the following damages:

[427]     Mrs. Arsenovski is awarded damages of:

a)              $7,225.34 for legal fees incurred in defence of the criminal charge plus pre-judgment interest;

b)              $30,000 for her emotional distress; and

c)               $350,000 punitive damages.

ICBC no doubt makes mistakes like we all do. If you think ICBC’s approach to your injuries is misguided or erroneous shouldn’t you get someone on your side who can level the playing field? We’ll meet with you for free and we only get paid when you do.

Call MacLean Personal Injury Lawyer Spencer MacLean now at
Tel 604- 697-2804 smaclean@macleanlaw.ca

 

 



alterFantastic Law Firm! Right from the very start, I knew I had called the right people.alter