Have you ever opened a carton of eggs to discover that one (or more) is cracked or broken? How can that be when the carton looks completely intact? The same can be said of low velocity impact collisions. The absence or lack of damage to the outside of a vehicle by no means constitutes an absence or lack of injuries sustained inside.
ICBC has a Low Velocity Impact policy that is arbitrary and that ICBC itself, not the Courts, has instituted. Their policy is meant to deny compensation for claims where the impact speed between vehicles was deemed by ICBC to be too low to cause personal injury. It especially relates to minimal damage. There are 4 criteria ICBC will consider in determining if a collision is a low velocity impact:
- Was the transfer of forces to the occupant 8km/hr or less?
- Are there any pre-existing health problems, injuries or conditions that make it more likely that a person could have been injured?
- Is there an objective injury that warrants compensation?
- Are there any extraordinary circumstances which should be brought to the committee’s attention?
There is no legal principle which states that if there is no motor vehicle damage, then there can be no injury. The law has become clear that ICBC’s low velocity impact policy is not a legal principle, nor is it a valid legal defence. There is no rule of law or legal principle that a victim of a low velocity impact does not suffer an injury compensable in law. In each case, it is a question of fact.
Justice Thackray, of the B.C. Supreme Court, once stated that significant injuries can be caused by the most casual slips and falls. Conversely, accidents causing extensive property damage may leave those involved unscathed. The presence and extent of injuries are to be determined on the basis of the evidence given in Court.
If you have been involved in a low velocity motor vehicle accident that has caused you injury but ICBC is trying to deny your claim, you need us. Why settle for less? We never represent ICBC and are truly on your side. Contact Einfeld Law for a free, initial consultation at (250) 712-0001, visit our website at www.einfeldlaw.com or find us on facebook.
D. Glenn Einfeld is a highly knowledgeable and experienced BC personal injury lawyer and BC motorcycle accident lawyer who has successfully litigated many ICBC claims and other insurance claims, including out of province claims, wrongful death, brain injury, spinal cord injury, whiplash, soft tissue injury, and all other serious injury claims.
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