Low Velocity Impact Collison

ICBC Low Velocity Impact Collision Program (LVI)

Generally, where the damage to vehicles in a car accident is less than $2000, and an individual is claiming compensation for injuries suffered as a result, ICBC will deny the claim for compensation under their Low Velocity Impact Collision Program (LVI).
You will usually receive a letter from ICBC with this wording:
“the information currently available to ICBC, including the minimal nature of the impact forces involved in the collision, as well as your physical condition at the time of the accident, has led us to believe that the accident did not result in any compensable injury” The ICBC Low Velocity Impact Car Collision Program for BC car accidents is a business decision by ICBC. Many people who receive the denial letter from ICBC will take no further action. Some will consult an ICBC Injury Lawyer.
There are two ways of being removed from the ICBC Low Velocity Impact program (also knows as the minimal damage program or minimal impact program):
1. You have a pre-existing condition/injury that makes you more susceptible or vulnerable to injury despite the low impact collision. You will most likely have to prove your condition to ICBC by allowing them to obtain your pre-accident medical records. The ICBC adjuster assigned to your case will then submit your pre-accident medical records to ICBC’s Low Velocity Impact Committee to see if your claim can be removed from the Low Velocity Impact Program. If you hire a Vancouver Personal Injury Lawyer, he/she will take care of this for you and ensure only relevant records are released to ICBC. or
2. You have an “objective” sign of injury from the car accident such as a broken bone or fracture.
If ICBC continues to maintain that you were not injured as a result of the car accident, then you will have to sue the responsible person or persons in either British Columbia Small Claims Court or British Columbia Supreme Court (depending on extent of your injuries and losses as a result of the car accident) in order to obtain any compensation. See Going To Court for more information.
Justice Thackray in the case of Gordon v. Palmer (1993), 78 B.C.L.R. (2d) 236, is often cited in BC Court Cases involving such denials by ICBC and states the legal approach to be taken in assessing claims resulting from minimal impacts as follows:
“I do not subscribe to the view that if there is no motor vehicle damage then there is no injury. This is a philosophy that the Insurance Corporation of British Columbia may follow, but it has no application in court. It is not a legal principle of which I am aware and I have never heard it endorsed as a medical principle.
Significant injuries can be caused by the most casual of 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 evidence given in court. Objectivity is thus preserved and the public does not have to concern itself with extraneous philosophies that come would impose on the judicial process.”
If you are injured as a result of a car accident in BC and ICBC is denying your injury claim as a result of this program, consult a Vancouver Auto Injury Lawyer for advice.

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