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British Columbia Motor Vehicle Accident Claims Practice Manual

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Everything you need to know about motor vehicle accident claims in BC

This publication is essential for: personal injury lawyers, insurance defence lawyers, and plaintiff lawyers.

Look no further for a manual that comprehensively covers motor vehicle accident (MVA) litigation in BC. Senior members of the bar call British Columbia Motor Vehicle Accident Claims the “go-to” resource for researching the extensive range of legal and practice issues that arise in MVAs. From commencing an action to subrogation, this manual gets you to pithy discussion of the key issues, forms, and cases related to your question quickly. Each year, leading members of BC’s plaintiff and defence bar select and analyze only the most significant new cases to include in the annual update.

With this resource, you will be able to:

  • understand the broad context of legal issues in MVA claims
  • efficiently get to the leading cases on MVA legal issues specific to your client’s case
  • conveniently refer to over 60 of the most commonly used MVA forms and precedents in one place

Buy your copy of this personal injury partner in practice today!

BC Motor Vehicle Accident Claims Practice Manual

Read a sample from the book

Features and Highlights

Features of the publication

  • complete set of forms and precedents
  • checklists
  • regular updates
  • tables of cases, statutes, and concordance
  • comprehensive index
  • convenient looseleaf format with tab indexing
  • online access to electronic version with hyperlinks to primary law

The 2021 Update to the third edition of the British Columbia Motor Vehicle Accident Claims Practice Manual includes:

  • revised material throughout to reflect relevant developments since the previous update
  • new sections and expanded commentary on among others, the role of common sense in a seatbelt defense, ensuring that a settlement agreement is binding, damages (including “nervous shock,” mild traumatic brain injury, chronic pain, and psychological injury), and the standard of review for Civil Resolution Tribunal decisions
  • discussion of notable cases and decisions from the previous year that cover the following topics:
    • the CRT’s jurisdiction to consider claims under ss. 16.1 and 131(1)(b) and (c) of the CRT Act
    • apportionment of fees where one fee is paid by a claimant for both a tort claim and a Part 7 benefits claim
    • consideration of structured settlement payments in calculating spousal support payments
    • determining which policy takes priority in circumstances where multiple underinsured motorist protection (UMP) policies are engaged in the same accident
    • whether fearing retribution from a motorcycle game is a sufficient excuse for failing to take “reasonable steps” to identify an unknown driver

Contributors

Editorial Board
Sandra M. Katalinic — Eyford Macaulay Shaw & Padmanabhan LLP, Vancouver
Marc Kazimirski — KazLaw Injury Lawyers, Vancouver
Alison L. Murray, QC — Murray Jamieson, Vancouver
A.C. Richard Parsons — Collette Parsons Harris, Vancouver
Michael J. Slater, QC — Slater Vecchio LLP, Vancouver
Donald W. Yule, QC — Guild Yule LLP, Vancouver

Authors
Ian D. Aikenhead, QC — AMJ Law, Vancouver
Russell J. Bailey — Guild Yule LLP, Vancouver
John Bradbury — Heath Law LLP, Nanaimo
Luke Dineley — Borden Ladner Gervais LLP, Vancouver
C. Richard Fister — Swadden & Company, Vancouver
Steven H. Heringa — Paine Edmonds LLP, Vancouver
Jonathan L.S. Hodes — Miller Thomson LLP, Vancouver
Christopher J. Hope — Lindsay LLP, Vancouver
Bianca C. Jaegge — Guild Yule LLP, Vancouver
J. Derek James — QA Law, Vancouver
Karen E. Jamieson — Murray Jamieson, Vancouver
Sandra M. Katalinic — Eyford Macaulay Shaw & Padmanabhan LLP, Vancouver
Dana Kingsbury — Office of the Public Guardian and Trustee, Vancouver
Anthony Leoni — Rice Harbut Elliott LLP, Vancouver
Scott Macfarlane — Insurance Corporation of British Columbia Corporate Law Department, North Vancouver
Maurice Mirosolin — Pacific Law Group, Vancouver
David Newell — Workers’ Compensation Appeal Tribunal, Richmond
Nicholas W. Peterson — Collins Peterson LLP, Vancouver
Andrew Roznicki — Consultant Workers’ Compensation, Richmond
Michael Thomas — Harper Grey LLP, Vancouver
Christopher J. Trueman — Paine Edmonds LLP, Vancouver
Saro J.Turner — Slater Vecchio LLP, Vancouver
Mary-Helen Wright — Pacific Law Group, Vancouver
Donald W. Yule, QC — Guild Yule LLP, Vancouver

Table of Contents

Chapters

1. Preliminary Matters

2. Commencing and Defending an Action

3. Workers’ Compensation Considerations

4. Discovery

5. Part 7 Benefits

6. Unidentified Motorists

7. Uninsured Motorists

8. Underinsured Motorist Protection

9. Optional Insurance Contracts

10. Defences

11. Out-of-Province and Excess Insurance

12. Mediation, Summary Trial, and Settlement Conferences

13. Assessment of Damages

14. Family Compensation Claims

15. Settlements for Minors

16. Structured Settlements and Judgments

17. Costs and Interest

18. Recovery and Subrogation

19. Practice Before the Civil Resolution Tribunal: Motor Vehicle Accident Claims

Forms and Precedents

Checklists

Limitation Periods

Table of Concordance

Tables
Case Table
Statutes and Related Material Table
Index

Buy Now

“Michael Slater, QCThe BC Motor Vehicle Accident Claims Practice Manual is an indispensable resource I use nearly every day. The online version lets you browse and search the whole manual quickly and easily, with links to the cases cited. This manual keeps me updated on recent case law and practice developments. It is my ‘partner in practice’ and my go-to resource for everything I need to know about personal injury litigation in BC.”

~ Michael Slater, QC, Slater Vecchio LLP

Alison Murray, QC“The BC Motor Vehicle Accident Claims Practice Manual is rightfully known as ‘the bible for personal injury lawyers’. I have practised personal injury law for 35 years and still consult it weekly. The only frustrating part is that even though we have two copies at my firm of six lawyers, I can never find it in our library, because it is always in someone else’s office being used! You should not practice personal injury law without this manual, even if you’re not doing car accident claims.”

~ Alison Murray, QC, Murray Jamieson Barristers & Solicitors