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ICBC Minimal Damage Policy
ICBC has a program for claims they deem to be Minimal Damage or Low Velocity BC Car Accident Claims.
The policy is based on the idea that it is unlikely a person would be injured in a BC car accident that happens at low speed and where there is little damage to the vehicles involved. While this appears to be common sense, the fact is that many people are injured in accidents of this type.
Having your ICBC claims dealt with in this program can be very confusing. It helps to understand the process for low velocity claims, and your adjuster will likely give you a brochure describing the program if ICBC believes your claim falls within this category. If you do not receive a brochure or information, ask for one, or check out ICBC's website.
If you haven't been told that your BC car accident ICBC claim falls within this program, but during your interview with the adjuster you are asked a lot of questions about your position in the vehicle at the time of impact, and if there is not a significant amount of damage evident on your vehicle, you can assume that your claim is being assessed by the adjuster to see if it qualifies to be denied on this basis.
ICBC's decision that your claim is a BC Car Accident Low Velocity Claim is made after the adjuster submits his or her report to a committee of three other ICBC employees. You should know within 30 days whether or not your claim is considered to qualify as a Low Velocity Claim.
ICBC will use the following information to make a decision:
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photographs of the cars;
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your statement as to how you were positioned at the time of the accident (whether you were sitting sideways, wearing your seatbelt, etc.);
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the type of impact (sideswiped, hit from the side, hit twice, etc.); and
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the probable speed of the "transfer of forces" in the collision (this may involve an engineer making a report to ICBC and involves the speeds of each vehicle at the time of impact).
Generally speaking, if you have a low-speed car accident in which you are facing forward, belted in, your claim will be denied. ICBC will look into each case before making its decision, however.
Individual criteria that may lead ICBC to approve your claim even if it happened at low speed are those that suggest there is something unusual about your particular accident; either regarding the way it happened or the people who were injured. Some of those criteria are:
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whether the injured people were already suffering an injury at the time of the accident, and were therefore more likely to suffer further injury;
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whether the victims were frail or suffered from arthritis or some other ailment;
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whether the victims were pregnant;
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the way the cars hit;
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the types of cars involved; and
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whether the injuries are obvious, such as fractures, bruises, cuts or other objective signs.
Even if your ICBC claim is first deemed to be Low Velocity, you can have that decision reviewed if you have further relevant information to provide that the committee didn't know when it made its decision. If your doctor is clearly of the opinion that you were injured as a result of the accident, you likely have a claim.
If your claim is denied on this basis, it may be difficult to find a lawyer who will represent you.
If your claim is under $25,000, you can represent yourself in Small Claims Court. |
