It’s a common misconception that you are barred from making a claim against ICBC for injuries arising out of a motor vehicle accident if you have pre-existing injuries. In fact, it ‘s quite common for people injured in car accidents to have pre-existing medical conditions of some kind, and having a pre-existing susceptibility to injury can actually increase your overall award.
This issue was dealt with in a recent Supreme Court of British Columbia case:
http://www.courts.gov.bc.ca/jdb-txt/SC/15/13/2015BCSC1351.htm
Here the plaintiff – who was a pedestrian in a crosswalk – was struck by a motor vehicle. The judge re-affirmed the legal principle that a plaintiff need not prove that an accident is the only cause of an injury. As long as an accident is a partial cause of an injury, a claim can be made. In this case, the plaintiff – prior to their car accident – was being treated by massage therapists. However, these pre-existing injuries were not affecting their ability to work. The car accident aggravated these pre-existing injuries to the point that the plaintiff was now unable to work overtime hours. The plaintiff in this case was given an award to compensate them for overtime hours they had missed as a result of their accident.
It’s very common for people – especially those involved in professions that require substantial amounts of manual labour – to have some kind of pre-existing physical injury. Many people regularly have “maintenance treatments” such as chiropractor, physiotherapy, massage therapy, and acupuncture treatments. ICBC may attempt to use these pre-existing conditions as a reason to deny a claim. This illustrates, once again, why it is important to seek proper legal advice when dealing with ICBC and other insurers.
