We have dealt in another article about ICBC’s Low Velocity Impact Policy which can be viewed here. This Policy claims that a minor motor vehicle accident cannot cause injury. Despite this conclusion being rejected by medical literature, engineering science, and the Courts, ICBC continues to raise this defence in its attempt to deny legitimate injury claims.
At trial, ICBC lawyers show pictures to the jury of the lightly damaged vehicle in its attempt to discredit the claimant and minimize the injuries. In reality, a vehicle’s damage has little bearing on the actual force it’s occupant endures during the collision.
In Sloane v. Hill, 2008 BCSC 1931, Mr. Justice Grist excluded such pictures from the trial evidence on that basis:
… the no, or as here, minimal damage philosophy of the insurer has no application in court. The only purpose in leaving the evidence with the jury would be to have them speculate on matters often counterintuitive.
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.
The law is clear however, that ICBC’s Low Velocity Impact Policy is not a legal principle, nor is it a valid legal defence.
We’ve all heard the adage a picture is worth a thousand words. While pictures can be of great assistance to Courts, that is not necessarily true in a case involving a Low Velocity Impact Policy defence. Sometimes, a picture can be misleading.
Einfeld Law is a highly knowledgeable and experienced BC personal injury law firm specializing in motor vehicle accidents, motorcycle accidents, and other negligence claims involving bodily injury. We have successfully litigated many ICBC and other insurance claims, including out of province, wrongful death, brain injury, spinal cord injury, whiplash, soft tissue injury, and all other bodily injury claims. We have collected millions of dollars on behalf of our clients. We never act for ICBC or other insurance companies.