What to do if ICBC is claiming the Low Velocity Impact Defence

shutterstock_151794464When an accident is report ICBC will investigate the accident and determine whether the accident is qualified as Low Velocity Impact (LVI).

If ICBC determines a collision is LVI then they may determine that you suffered no compensable injury. It is important to know that ICBCs LVI determination is not the law.

The severity of a car accident will not determine the extent of your injuries. While it may be that a serious car accident causes you serious injuries, this does not mean that you cannot be seriously injured by a minor accident.

This determination will have to be made by a doctor.

If you are not at fault in a motor vehicle accident that ICBC has classified as LVI, you can still claim compensation for your injuries from the court system. Cases such as Gordon v. Palmer, [1993] B.C.J. No. 474 (S.C.) & Sourisseau v. Peters, 2012 BCSC 1163 show that the courts do not accept ICBCs position that low impact collisions do not cause compensable injuries to a person.

The issue will be whether or not a person’s injuries were caused or contributed to by a car accident.