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$35,000.00 Award a Win in Low Velocity ICBC Whiplash Claim


In this personal injury case Insurance Corporation of British Columbia, ICBC, classified the collision as a low velocity impact case (Christoffersen v. Howarth,2013 BCSC 144).  Damage to the vehicles was minor.  Nevertheless, the Claimant said that she suffered unrelenting pain due to the car accident injuries . 
ICBC urged the court to conclude that the claimant could not have been injured in such a minor collision.  Simply put, ICBC argued  that the minimal damage speaks for itself and that no other evidence is necessary to show the claimant did not sustain any injury.
The judge disagreed awarding the claimant $35,000 for her pain and suffering, despite the minor damage to the vehicles.  The Judge stated, 

 I accept that the collision was relatively minor.  However, even a low impact collision can cause injury…Here, over two and a half years after the accident, the plaintiff has still not fully recovered from her injuries, although the prognosis for her recovery is good…Having considered these decisions and the injuries suffered by the plaintiff, which are not fully resolved, I find that an award of $35,000 for non-pecuniary damages is appropriate.

Posted by Personal Injury Lawyer Mr. Renn A. Holness, B.A., LL.B.

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