This personal injury claim filed in Vancouver BC (Manson v. Kalar, 2011 BCSC 373) arose from a motor vehicle accident which occurred when the claimant’s vehicle was rear-ended by a vehicle. The other driver admitted fault and the trial was limited to an assessment of how much money, if any, should the claimant get for his car accident injury.
The injury claimant was driving a friend’s large Ford F150 truck with a super cab in “stop and go” traffic, merging with other traffic onto the Alex Fraser Bridge, in Surrey, BC. While his vehicle was stopped it was rear-ended. The claimant had his foot on the brake at the moment of impact and the force of the impact was sufficient to move the truck forward.
The claimant said that he used to enjoy skiing before the accident but that he has been unable to do so since the accident due to the soft tissue injuries. He told his doctor that prior to the accident he was an “avid skier”. In the statement he provided to the ICBC adjuster after the accident, he stated that prior to the accident he used to ski about once a week during the ski season. The Judge did not accept his evidence and found that,
“…both statements were obvious exaggerations. In fact the plaintiff only used to ski 5-6 times a season at Grouse Mountain and a handful of other occasions on other local mountains. He explained that when he described himself as an “avid” skier he was referring to his ability to ski any slope, and not to the frequency of his skiing outings. Further when he referred to skiing once a week, he said this estimate included all the times he drove up to the mountain, found it was raining, and then turned back. ”
In the courts view the claimant suffered a mild to moderate soft tissue injury and the judge awarded $25,000 to compensate for the claimant’s pain and suffering.
This is yet another example of claimant, likely without a lawyer, making a statement to ICBC about the injury. Posted by Mr. Renn A. Holness
