For Thanksgiving weekend this ICBC injury claimant was travelling from Vancouver to Kelowna on Highway 1, just east of the Port Mann Bridge, when his vehicle was struck from behind. The other vehicle was then rear ended by another car causing a second impact with the claimant’s vehicle. The claimant continued his planned Thanksgiving day trip to Kelowna after renting a vehicle but the long weekend and its aftermath were far less than enjoyable (MacIntosh v. Davison, 2013 BCSC 2264).

The claimant went on the suffer significant low back pain and sought substantial compensations for his pain and suffering and loss of enjoyment of life resulting from the effects of the collision. He also sought damages for his loss of future income earning capacity; out of pocket expenses primarily related to unpaid health care costs incurred by him prior to trial; and damages for those costs of his future care that he says are necessitated by the lasting effect of the injuries he suffered in the collision.

A CL19 report for the Insurance Corporation of British Columbia was completed by the family doctor and the claimant continued to complain of symptoms of low back pain on the right side.

After considering further medical evidence the judge concluded there was a measurable risk of future back problems inherent in the claimant’s “original” and a reduction of 20% of the award of damages was reasonable to compensate for the injuries he had endured. As a result the judge awarded the following:

1)    Pain and Suffering: $72,000;

2)    Loss of earning capacity: $104,000;

3)    Out of Pocket expenses: $8454

4)    Cost of future care: $28,964.

Total personal injury award: $213,418.

During the Thanksgiving weekend in October distracted driving will likely be a major focus for enforcement campaigns by police services in British Columbia. Statistics show an increase in car accidents and ICBC claims during this long weekend.

Posted by ICBC personal injury lawyer Mr. Renn A. Holness, B.A. LL.B

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