In the case of Vershinin v. Hayward released today by the BC Supreme Court, Mr. Justice Grauer did not accept ICBC's argument that an injury must be felt and complained of immediately after an accident.
Mr. Vershinin was involved in a serious accident which completely destroyed the front of his car. He suffered a number of obvious and immediately apparent injuries. However, a dispute arose over the cause of a shoulder injury for which he ultimately had surgery. ICBC, which was representing the defendants, argued that the shoulder injury could not have been caused by the accident because Mr. Vershinin did not have complaints about shoulder pain until three to four months after the accident.
The judge decided that there was a perfectly normal explanation for the lack of complaints because the shoulder injury only became noticeable when Mr. Vershinin was able to return to normal activities as his other injuries healed.
This case demonstrates the importance of maintaining a diary of your injuries, including any pains and problems that develop over the months following an accident. The totality of your injuries are not always obvious immediately following an accident, and may not be obvious to your doctors.
Disclaimer: This post is not intended as legal advice. Every ICBC claim is different and dependent on its facts. To obtain advice on a specific claim, please visit us at www.gantzertlaw.com.
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