In this no impact car accident injury case(Pang v. Dhalla, 2011 BCSC 564) the claimant alleged personal injuries suffered in a motor vehicle accident as he was proceeding towards Richmond, B.C., southbound on Fir Street near 12th Avenue. As he approached the intersection a vehicle that had been stopped behind left turning vehicles in the left lane, turned into the curb lane occupied by the injury claimant’s vehicle. There was found to be no impact between the two ICBC insured vehicles.
The judge determined that the claimant had not proven that there was an impact or collision between the vehicles. At best, the injury claimant braked hard to avoid an accident after the other driver turned into his lane.
However, the other ICBC insured driver was negligent in changing lanes before ascertaining that it could be made safely without affecting the travel of another vehicle, in this case, the claimant’s vehicle. The other driver had to hard brake to avoid an accident. If the other driver had looked at her blind spot, she would have determined that she could not safely enter the curb lane and her failure to do so caused the injury claimant to hard brake.
As the judge concluded,
“In my view, the plaintiff[claimant] has not proven that the braking of his vehicle to prevent an accident caused anything other than a minor exacerbation of pre-existing pain in his neck, shoulder, and lower back. Because of his failure to fully inform both doctors, their opinions about the accident causing a disc injury are seriously undermined. The minor nature of the injuries is supported by the fact that the plaintiff’s neck and shoulder symptoms resolved within a few months, the plaintiff did not take time off work, and he needed little medication. The effect on lifestyle was minimal… Having considered the cases provided, I conclude that an award of $5,000 is appropriate.”
Take read of another one of my posts on accident injury claims with no impact.
Posted by Mr. Renn A. Holness
Issue: Should a person be able to claim an injury as a result of a car accident resulting in no impact?