Social Media and ICBC | Tim Louis & Company Law in Vancouver

Social Media and Your ICBC Claim

These days, who doesn’t have a social media account? While social media was once a place where college students kept each other updated on their day-to-day lives, now even grandparents are on Facebook. Many have become addicted to posting every aspect of their lives without thinking about who might view their social media activity.

Potential Damage to Your Personal Injury ICBC Claim

investigating As of 2010, ICBC set up their Special Investigations and Cyber Unit to help reduce potentially exaggerated or fraudulent claims.

If you have been injured in a vehicle accident, it’s safe to say that ICBC’s adjusters and investigators will be digging deeper into your background and accessing your Facebook, Twitter, Instagram and/or YouTube accounts. Any inconsistencies can hurt your credibility and claim. For instance, ICBC adjusters and investigators will examine what you are saying on social media to people treating you versus what you are saying to ICBC adjusters on record. Any inconsistencies between what you are saying to family and friends on social media versus what you are telling on ICBC will be examined.

This skilled team conducts deep searches on social media sites seeking photos and updates on individuals who claim that they have been unable to work due to their injuries, and then contradict their claim by posting photos or updates of themselves being physically active.

Best Ways to Protect Your Claim Via Social Media

The first step is to be aware – the next step is to take the provisions necessary to ensure you don’t damage your ICBC claim. We have compiled a list of tips to help ensure that you don’t potentially damage your ICBC claim. It’s always a good idea to contact your personal injury lawyer who will provide you with tips:

Search your name in Google for anything you feel ICBC may use against your claim.
Applying strict privacy settings to your social media account will not necessarily keep your account private and inaccessible to outsiders. It is a fact that ICBC can gain access to private social media accounts by court order.
Be aware when posting on any social media platform. Understandably, you want to share positive moments in your daily life with family and friends – however take great care in realizing that once ICBC has gained access to your private accounts, anything they deem to be inconsistent with your claim may be used against you in court.
Some people do not realize that Facebook owns Instagram. Ensure that you go through both accounts and delete any content that may be deemed harmful to your ICBC case (contact your lawyer before deleting photos or content).
Do not accept friend requests from people you do not know.
Do not post any personal thoughts, conversations, information or any photos in relation to your case.
Keep your family and friends in the loop and ask them not to post or tag you in any photos.
You should obtain legal advice before deactivating or deleting your Facebook account as ICBC may accuse you of destroying relevant evidence.

Let An Experienced Personal Injury Lawyer Handle your ICBC Claim

If you have any questions or concerns about the use of social media in a personal injury claim, we have the expertise and knowledge necessary so you don’t have to worry about saying or doing anything that may jeopardize your claim. Contact our compassionate and experienced legal team at Tim Louis Law & Associates.

To book your free consultation, call 604-732-7678 or email timlouis@timlouislaw.com. We’re here to help.

Sources:
https://www.icbc.com/about-icbc/Pages/fraud.aspx
https://www.straight.com/article-256851/tim-louis-beware-icbc-trolling-through-yourfacebook-photos

Airbag Sign | Tim Louis & Company Law in Vancouver

Most Common Airbag Injuries

airbag injuries

Airbag Injuries

Airbags have been designed to quickly deploy in a vehicle collision to protect your upper body and head from hitting the steering wheel or dashboard. Airbags can prevent injury and saves lives. However, injuries can happen – whether it is from airbag malfunction or improper positioning in a vehicle, it’s essential to recognize that personal injuries may still occur.

Where are Vehicle Airbags Located?

Front airbags are situated in the steering wheel hub of the vehicle and the passenger-side dashboard. In newer cars, airbags are located in the front and on the sides. Side airbags have been designed to protect occupants from side impact during rollover accidents. If you have airbags in your vehicle, ensure that you are familiar with airbag
locations and safety requirements by reading your vehicle owner’s manual before installing child restraint car seats.

How Do Airbags Work?

air bag warning sticker A vehicle collision results in rapid deceleration, which triggers the front airbags. Nitrogen gas is produced, resulting in inflation at speeds of roughly 300Km/hour in order to protect your head and chest in a high-speed collision. Seatbelts are usually enough to protect the driver and front passenger in a low-speed collision – protecting the occupant’s chest and head. However, it is important to note that it is uncommon for front airbags to deploy in rear-end collisions, rollovers, or side-impact accidents. During these types of crashes, the side airbags deploy, providing protection between vehicle occupants and the doors.

What Causes Airbag Injuries?

A number of injuries have resulted from faulty airbag deployment or during regular operation of the front and side airbags. There have been cases of airbag deployment without the vehicle being turned on or running at all. The intensity of airbag inflation is another cause of personal injury resulting from airbag deployment. In fact, airbags are inflated with such force that the metal casing surrounding it may produce shrapnel, causing injury.

Airbags may deploy at the wrong time
Airbag deployment in a low-impact collision
The crash sensor may fail to deploy the airbag when needed
Only one airbag deploys
The airbag may deploy too late (timing of airbag deployment is important. Even if the airbag deploys a fraction of a second too late, it could cause serious personal injury to the driver and occupant).

What Injuries Can Airbags Cause?

Airbag deployment may lead to a range of injuries. The chemicals used within the device, the rate of the airbag deployment, airbag design, and lack of seatbelt use all play a role in airbag-related injuries. While rare, airbag injuries have the potential to cause significant trauma:

Facial Injuries
Chest Injuries
Neck & Back Injuries
Burns to the chest, arms, and hands
Skull, rib cage, face, arm, and wrist fractures
Concussions, brain swelling and bruising as well as loss of consciousness
Asthma attacks and other throat irritations
Eye injuries
Trauma to the ear that may lead to hearing loss
Internal bleeding
Fetal injury in pregnant women

How to Minimize Airbag Injuries

seat belt You can reduce the risk of an airbag injury in an accident by taking these precautions when you drive your vehicle:

Always wear a seatbelt
Children under 12 should always ride in the back seat
Ensure that seats are at least 10” back from the front dash of your vehicle (airbag deployment area)
Check your vehicle’s model and year for any airbag-related recalls
Ensure you are using the correct car seat for your child’s height and weight.
Children should be properly secured and in the proper-seated position at all times.
If possible, avoid driving if you are pregnant
Do not place your arms across the steering wheel
Tilt the steering wheel downward, toward your chest – not your neck or head
Place both front seats as far as possible and as comfortable for safe driving
Do not install rear-facing infant restraints in the passenger seat.

What Steps Should I Take if An Airbag Malfunctions?

Preserve the evidence related to the airbag (parts)
Ensure the vehicle’s computer doesn’t get wiped
Do not transfer the vehicle over to ICBC, mechanic or junkyard

Contact A Trusted, Experienced Personal Injury Lawyer

If you are suffering injuries sustained in a vehicle accident from an airbag malfunction or deployment, contact our compassionate and experienced legal team at Tim Louis Law and Associates to book your free consultation today by calling 604-732-7678 or email Timlouis@timlouislaw.com

source:
https://www.icbc.com/about-icbc/newsroom/Documents/airbags.pdf

Top 5 Mechanical Failures that Cause Car Accidents

car accidents

Mechanical Failures that Cause Car Accidents

With car accidents a regular daily occurrence, it is not always clear what the underlying cause is until a thorough investigation has been concluded. With a number of accidents attributed to excessive speed, driving under the influence, driver error or weather conditions – it can be easy to forget that some accidents are caused simply due to the neglect of routine maintenance — leading to vehicle complications or even mechanical failure if left unchecked.

Keeping your vehicle maintained can go a long way in avoiding accidents caused by mechanical failures. Here are a few of the most common mechanical failures and what to look out for to ensure your vehicle is in tip-top shape:

Prevent Car Accidents – Check Your Brakes

brake pads Brakes are an essential safety feature we use as drivers on the road. However, brakes can also be one of the most ignored when it comes to routine checks – often being left completely worn before a proper inspection or needed replacement. If your brakes are not properly maintained, you could find yourself braking harder on the road,
throwing off drivers behind you, or prevent you from stopping – injuring other drivers, pedestrians or yourself and your passengers.

Here are some early signs of brake wear to look out for:

Excessive vibration when applying pressure to your brakes
Reduced responsiveness while braking (spongy or soft brake pedal)
Noticeable pulling when applying pressure to your brakes
Frequent or infrequent squealing or screeching noises while braking
Loud metallic grinding noises coming from your brakes

Tires – maintain them to prevent car accidents

Your vehicle’s tires keep you moving – gripping the road through poor road conditions, ensuring that you arrive at your destination safe and sound. This is why it is crucial to conduct routine checks on your tires daily and before taking any extended trips – ensuring your tires are in the best shape possible.

Early signs that you may need to have your tires rotated or replaced can include:

Bulges, gouges, or cracks in the tire or tire sidewall
Significant and/or uneven tread wear
Tires losing pressure or deflating faster than normal
Excessive vibration while driving

brake light

Headlights/Taillights/Brake Lights

The lights on your vehicle allow you to see – and be seen. This makes them one of the most important safety features for your vehicle in terms of accident prevention while driving. However, lights do fail — which is why you should be conducting a routine inspection of all lighting systems on your vehicle before driving.

Signs that you may need to have your headlights or taillights inspected or replaced can include:

Significant dimming over time
Flickering or random fading
One or multiple bulbs going dark
Significant time passing (better safe than sorry)

Malfunctioning Windshield Wipers can Cause Car Accidents

Windshield wipers can make a big difference in overall driver safety and visibility — removing dirt, rain, and snow – while running for hours at a time to keep your view of the road clear at all times.

Unfortunately, windshield wipers do wear over time – often warping, cracking or even tearing from long-term use in heavy weather — this can cause them to lose their flexibility and even fail altogether. You should always keep an eye on your wipers and check them daily to ensure they are functioning properly.

Signs that you may need to have your windshield wipers replaced can include:

Streaking
Unusual noise or squealing
Skidding or Irregular movement
Ragged or distorted blades

Contact A Personal Injury Lawyer

Drivers and passengers who are injured in accidents that are the result of mechanical failure may wish to contact a personal injury lawyer. Contact our compassionate and experienced legal team at Tim Louis Law & Associates. We will help build your claim for the compensation you deserve.
To book your free consultation, call 604-732-7678, or email timlouis@timlouislaw.com. We’re here to help.

Injury Claims | Tim Louis & Company Law in Vancouver

Injury Claims When the Other Driver Does Not Have Insurance

ICBC Injury Claims

Injury Claims

ICBC’s Basic Autoplan – Injury Claims

In the Province of British Columbia, law requires that all drivers maintain valid automobile insurance. This mandatory insurance provided by ICBC, also known as Basic Autoplan, is the bare minimum required – though drivers may wish to purchase additional coverage to supplement this basic plan.

There are two broad categories of coverage provided by ICBC. These are known as No-fault benefits and third-party liability coverage:

No-Fault Benefits

insurance signature paperwork Under the basic Autoplan insurance coverage provided by ICBC, drivers in British Columbia are entitled to no-fault benefits. This falls under Part 7 of the insurance (vehicle) act and applicable regulations — meaning that no-fault benefits are available to those insured drivers regardless of who was at fault during the accident.

These benefits include:

Death and/or funeral benefits
Medical and rehabilitation benefits (up to $300,000 for accidents on or after Jan 1, 2018.)
For those who become completely disabled resulting from an accident, up to $300 per week is paid out for the employed.
Up to $145 per week for unemployed persons who become substantially and continuously disabled resulting from an accident.

It is important to note that you are entitled to no-fault benefits even if the motor vehicle accident you are involved in is your fault, regardless if the other driver is insured or not. If the other driver is underinsured or unidentified, you are also entitled to no-fault benefits. It is important to seek advice from your lawyer to ensure that you comply with reporting and notice requirements.

Third Party Liability Coverage

BC drivers are entitled to a minimum of $200,000 in third party liability coverage under basic Autoplan insurance. Third party liability covers a person’s injuries and any property damage if the other driver was at fault in a motor vehicle accident. Third party liability coverage also applies to vehicle accidents where the other driver is either uninsured or underinsured.

Hit-and-Run Accidents – Injury Claims

classifieds There are several important steps to be taken under the insurance (vehicle) act in order to prove that the accident happened. ICBC requires proof that you have attempted all possible measures in identifying a hit-and-run driver – such as posting flyers near the accident scene, have published notices in local newspapers or classified sites seeking witnesses and reported the accident to the police — complying with any on-going investigations.

ICBC requires that you provide them with written notice about the motor vehicle accident no more than 6 months after the hit-and-run accident happened.

The Other Driver is Uninsured, Underinsured or Unknown

It is advised that you provide ICBC with written notice as soon as possible if you can identify the driver that caused your accident – ICBC may negotiate with you to settle the claim, or proceed to trial in lieu of the underinsured or uninsured driver. Compensation may include:

Pain and suffering
Past and future medical expenses
Wage loss
Loss in ability to earn future income
Loss of housekeeping ability damages

Any claim over $200,000 is complex and requires that the injured party prove that they made attempts to collect compensation from the at-fault driver. You can proceed in arbitration for payment from ICBC under underinsured motorist protection (UMP) if you can prove that the at-fault driver is unable to pay the amount even after going to trial.

Hurt In An Accident? Tim Louis Law Can Help

Tim Louis and his compassionate and talented legal team can give you the solid, trusted advice you need and can deal with ICBC on your behalf. If you or your loved one has been injured in a motor vehicle accident in Metro Vancouver and would like to consult with our legal team who will do everything they possibly can to get you the personal injury settlement you deserve, contact us today for a free consultation at 604-732-7678 or email timlouis@timlouislaw.com.

sources:

http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/447_83_07#part7

http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_96231_01#section20

https://www.icbc.com/autoplan/basic/Pages/default.aspx

Common Personal Injuries Following a Traffic Accident

personal injury

Personal Injuries from Car Accidents

If you or someone you care about has recently been in an automobile accident, you may wonder how severe or how common your injury is – should you go ahead and pursue a claim?

The simple fact is you may not feel pain immediately following an auto collision. Symptoms and pain may start to creep up on you weeks or even months later. That’s why it is crucial to have a thorough medical exam as soon as possible following any type of vehicular accident.

Common Personal injuries Following a Traffic Accident:

Neck Injuries

Neck injuries are often one of the most common complaints after an automobile accident.

Whether the impact to the vehicle is minimal or severe, the neck can be one of the most sensitive parts of the body and is easily affected by any type of collision.

Whiplash is the most common as the head shakes to the side or backwards; an extreme amount of pressure is put on ligaments – causing soft tissue damage that results in strains or sprains. Pain is not always felt immediately as symptoms can be overlooked due to shock and heavy adrenaline coursing through the body following a crash. It is important to get checked out by a medical professional immediately.

Spinal Cord/Back Injuries

Damage to the spinal cord, whether it is slight or serious, can cause significant nerve damage and in extreme cases can cause permanent paralysis. Examples of other serious spinal injuries include herniated discs, fractures, sprains and lumbar disc injuries. Don’t underestimate even mild back pain following an accident! Symptoms may surface weeks or even months after an auto collision.

Internal Injuries

crash test collision

The sudden impact from a collision can cause severe damage to internal organs and may have serious implications such as damage to the spleen, lungs, heart, kidneys, bowels or liver amongst others.

Rib fractures are also quite common. Such fractures may lead to other injuries, resulting in punctured lungs and other organs. Internal injuries can be fatal, so it is important to get checked out by a medical professional immediately after a traffic accident.

Head & Brain Injuries – personal injuries from a car accident

Head and brain injuries are some of the most common and most debilitating injuries suffered by passengers and drivers of automobile accidents. Symptoms can be mild to severe depending on where a person is located in the vehicle and the level of violent force impacted to the skull. Even without physical signs of trauma such as cuts or bruises, sudden force to the head can cause damage to the brain – which is why it is important to seek medical attention straight away.

Facial Injuries

Facial injuries are common and can result from hitting the dashboard, steering wheel, windshield, airbag, side window, back seat or shattered glass. The severity of injury varies ranging from minor cuts and bruises to jaw fractures and can even cause serious dental injuries.

Psychological Injuries

stress Regardless of any physical injuries that result from a traumatic auto collision, emotional distress is very real and can easily be overlooked when the focus is on visual signs of trauma. Everyone responds to stress differently and depending on how severe the crash; anxiety, depression, panic attacks and post-traumatic stress disorder can all be the direct result of an auto accident.

Personal injuries as the result of an automobile collision should never be taken lightly as the long-term effects of a serious injury can be devastating to one’s quality of life.

You can trust Tim Louis & Company to ensure the best possible outcome for your personal injury case. Contact us today (604) 732-7678 or email timlouis@timlouislaw.com

ICBC and social media surveillance

insurance surveillance In today’s world of Twitter, Facebook and other social media, more and more cases are being influenced at trial by client postings that give ICBC an unfair advantage. Being aware of this risk, I caution my clients to be extra careful when they post to any social media.

I thought I would share with you some great tips I came across the other day from James Publishing. The real value in these tips is that they give you very specific instructions. This will help you avoid giving ICBC gifts they don’t deserve.

Here are the tips:

Keep an eye out for video operators, sitting in a vehicle or elsewhere, taking videos or photographs with a hand-held video camera or cell phone.
Avoid engaging in any activities that the defense could distort or twist in order to claim that you are misrepresenting your medical situation.
If you, or your family, use any social media sites, including Facebook, MySpace, Twitter, Instagram, LinkedIn, Caring Bridge, etc., you should immediately reset your profiles to the highest possible privacy settings. We can help in this regard if necessary.
Do not accept any friend requests from anyone you do not personally know.
Do not post anything about your case, your injuries, your personal thoughts, photographs or conversations with your attorneys on any social media site, or blog. The best practice, from this point forward, is not to post any information on social media websites.
Ethical rules concerning your lawsuit prohibit you and your attorney from removing, deleting, concealing or withholding any information you may have already posted.
If your close friends and family members post pictures or information about you, please make them aware of these guidelines and ask them to follow them.

icbc