ICBC 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.
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:
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.