Personal Injury News

ICBC's Low Velocity Impact Policy for Minimal Damage Injury Claims goes Underground

For over 20 years the Insurance Corporation of BC, ICBC, has denied injury claims when there is minimal damage to the vehicles. When I started as a personal injury lawyer in Vancouver in the mid 1990’s this program was referred to as ICBC’s  Minimal no Damage or No bash no Cash policy.  The modern Low Velocity Impact Policy, LVI, has been largely ineffective in Supreme Court trials as Judges reiterate that people can suffer injury in the absence of damage to the vehicles.
Since the release of a critical government review of ICBC, the Corporation has been forced to make changes to its internal structure and review the minimal damage claims. In 2012 ICBC was also found to be one of the worst insurance companies when it comes to customer service. The ICBC Low Velocity Impact Program is one of the most despised ICBC policies by claimants and it should be no surprise that its use will no longer be advertised and will recede into the background for now.
However my experience representing personal injury claimants against the ICBC Low Velocity Impact Policy informs me that ICBC fully intends to continue to deny minimal damage claims . ICBC  continues to do so in their actions and behaviour on individual personal injury files. Take a read of this just released injury case where the defence lawyer argued that there was very minimal damage to the vehicles and claimant suffered no compensable injury. The Judge awarded the claim $50,000.00 for pain and suffering but in my view ICBC was completely successful in thwarting that claim as the claimant was asking for $275,000.00 for her pain and suffering. This case was heard before the government released its’ report but validates the denial of minimal damage claims.
ICBC may have to take the Low Velocity Impact Policy underground or simply apply it in a more common sense way to minimal damage injury claims. However, in my view I don’t think injury claim  lawyers have seen the last of this ICBC Low Velocity Impact Policy of claim denial.
Posted by Personal Injury Lawyer Mr. Renn A. Holness, B.A. LL.B.

Tags: ICBC Injury claim, Low Velocity Impact Policy, Personal Injury Lawyer in Vancouver

2 responses to ICBC's Low Velocity Impact Policy for Minimal Damage Injury Claims goes Underground

  • $35,000 for Pain and Suffering Despite Prior Pain Condition | Holness Law Group

    November 3, 2014 4:16am

    [...] has stopped their blanket Low Velocity Impact Policy but still argues, as in this case, that the minor damage to the vehicles is a factor for the Court [...]

  • Low Velocity Impact Injury Claimant gets Court Award of $192,000.00 | Holness Law Group

    November 10, 2013 6:22am

    [...] The injury claimant’s award for cost of future care has however been reduced to $70,400 by the Court of Appeal in  Gignac v. Insurance Corporation of British Columbia,2012 BCCA 351. Since 2012 ICBC appears to have discontinued their low velocity impact policy. See our article about this ICBC low velocity impact policy going underground. [...]

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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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