Low Velocity Impact

If you’ve been injured in a car accident that resulted in minimal damage to one or both of the vehicles involved, I.C.B.C. may deny your claim if they classify your accident as a low velocity impact (“LVI”) accident. Sometimes these types of collisions are referred to as “minimal impact” or “no crash no cash” accidents.

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Depending on the type and dollar amount of damage to your vehicle, and the circumstances of the accident, ICBC may decide that your claim falls under its Low Velocity Impact Program guidelines and refuse your claim, including payment of any “no fault benefits” (medical, rehabilitation and wage loss benefits) which would otherwise be available to you. Most often, the type of accidents that are determined to fall under the low velocity impact guidelines are rear-end collisions. ICBC refers these cases to a committee which will decide whether or not to allow your claim. The program is based on the theory that low speed collisions cannot result in any real injury.

It is important to know that ICBC’s LVI Program is a program developed and followed by ICBC, but not the courts in British Columbia. Courts have held that there is no rule of law or legal principle that a victim of a low velocity collision cannot suffer any compensable injury, or that the magnitude of forces involved in the contact between vehicles is determinative of the injuries sustained. Medical literature supports no correlation between the severity of a collision and the severity of injuries suffered. We’ve all heard of people who walk away from severe car crashes; likewise, some people sustain serious injuries in seemingly minor accidents.

You do not have to accept ICBC’s determination of your accident as a low velocity impact. MacIsaac & Company’s lawyers can help you recover compensation and benefits you are entitled to by law if ICBC has denied your claim under ICBC’s Low Velocity Impact Program. Even if ICBC has initially determined that your accident falls under their LVI program, there are factors they will consider that may except your claim from the program. If your treating physician has noted objective signs of injury, if you have a prior medical condition that would make you more susceptible to injury, or if there are other extraordinary circumstances that are relevant to the question of injury, we can obtain the appropriate information or medical evidence and submit it to ICBC’s LVI committee, and ICBC must then re-evaluate your claim. If they still maintain a denial of your claim, we have the resources and experience to pursue your claim, to court if necessary, to obtain the compensation and benefits you deserve.

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