ICBC Claims and Credibility
Interesting reasons for judgement were handed down today following a 2 day trial in Vancouver.
The Plaintiff was a passenger on a bus. The bus was involved in a collision in 2005. Fault for the accident was admitted by the negligent motorist. Upon impact the Plaintiff apparently ‘fell from his seat behind the driver of the bus onto the floor, allegedly injuring his hips and shoulder’.
In most ICBC claims the credibility of the injured party is of great imporatance. In this case the Plaintiff’s credibiilty was closely scrutinized. In the course of advancing his ICBC claim he gave false information to ICBC contrary to s. 42.1(2)(a) of the Insurance (Motor Vehicle) Act. He was charged for this, plead guilty and was fined.
The Plaintiff admitted that he had lied to various persons including officials from ICBC, to his family doctor and to his phyisiotherpist. During his examination for discovery the Plaintiff admitted to lying at least 6 times.
Notwithstanding all of this, the court found that the Plaintiff suffered a shoulder injury in the bus accident. MR. Justice made the following findings:
[39] In light of the history of this claim, Gabrilo’s admitted lies, and conviction for those lies, I accept that the evidence concerning the present claim must be carefully, if not scrupulously, examined. On balance, however, I accept that Gabrilo hurt his shoulder in the Accident. ….
[46] In summary, the Plaintiff is entitled to damages arising from the Accident. I am satisfied that the claim arising from his shoulder injury is one that, in the ordinary course of events, would likely have resolved by trial. While he may have ongoing symptoms, it has not been shown that these symptoms were caused by the original Accident. Thus, in my view, he is entitled to damages based only on a claim where the symptoms would have resolved by trial.
The court awarded $13,000 for the Plaintiff’s non-pecuniary damages.
This case is worth reading for anyone interested in how issues of credibility come into play when advancing an ICBC claim.