Personal Injury News

Injury Claimants’ ICBC Statement Not Inconsistent With Her Trial Testimony

Jones v. Ma, 2010 BCSC 1125

 August 11, 2010- The motor vehicle accident that is the subject of this personal injury claim  occurred on Clarke Street in Port Moody, British Columbia. At that location, Clarke Street has two westbound lanes of traffic separated from the single eastbound lane by a double solid yellow line.  Just prior to the accident, the injury claimant,was driving in the left-most westbound lane. Ahead of her in the same lane  was  a Honda CRV. As she approached the intersection of Clarke Street and Mary Street the vehicle ahead  veered right without signalling and then suddenly braked while straddling the two westbound lanes causing the collision.

The injury claimants’ ICBC statement did not mention the other vehicle veering right and ICBC argued that was inconsistent with what she said at the trial. Th judge found that the ICBC statement was not written by the injury claimant  herself, but rather by the ICBC agent, who was clearly paraphrasing what injury claimant  had told her. The claimant  told the agent she was not satisfied with the statement, but the agent asked her to sign it anyway. In these circumstances, the ICBC statement was found  not to constitute a previous inconsistent statement of the sort that would take away  from the credibility of  the claimants’ trial testimony.

The Judge found the other driver to be 100% at fault .  The Judge was also satisfied that as a result of the accident the injury claimant suffered mild to moderate soft tissue injuries to her right ankle, right wrist, left neck, left shoulder, and right lumbar area. Her symptoms werefound to have  largely resolved some two and one-half years after the accident. Posted by Mr. Renn A. Holness

Issue: Should an injury Claimant’s ICBC statement be allowed to be used against them in court?


2 responses to Injury Claimants’ ICBC Statement Not Inconsistent With Her Trial Testimony

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    September 14, 2011 11:00am

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  • ICBC Statement in Car Accident Personal Injury Case not Fatal-Top Dollar for Minor Injury « Holness Law Group Blog

    January 5, 2011 12:15am

    [...] injury claimant’s statement to the Insurance Corporation of British Columbia, ICBC, given ten days after the accident, indicates that he saw headlights coming from a car [...]

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"Renn A. Holness is a gifted lawyer and author to over 1000 legal blog articles. Married father of two daughters, son of a neurosurgeon and founder of Holness Law Group."

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