In this caught on video personal injury case(2013 BCSC 172), the claimant was a pedestrian at the intersection where Keith Road intersects with Taylor Way in West Vancouver. The driver was just in the process of releasing his clutch at about the time his car hit the claimant on his left knee, leg and his left hand. He said that he was knocked partially off of his feet but managed to scramble up.
The main issue was that claimant said that the injury caused him considerable difficulty because it interfered with his exercise activities. The claimant was an avid runner and at the time of the accident, he was in the course of jogging from his place of work in downtown Vancouver to his residence in West Vancouver.
There was evidence from the ICBC adjuster. She testified about having two meetings with the claimant and an investigator was hired to follow the claimant. That resulted in video recordings being made of the claimant essentially jogging from his place of work to his home within about a month of the accident. The claimant alleged that he could not get back to jogging for 5-6 months at his discovery. The judge was, “concerned with the veracity of the plaintiff’s claims regarding the extent, severity and effects of the injuries he suffered. ”
In awarding only $4,000.00 for pain and suffering the Judge concluded,
[70] In the final analysis, I have very serious doubts as to the truth and reliability of the plaintiff’s description of the extent of the injuries and their impact upon him. My conclusion is that there was some soft tissue injury – bruising and discomfort – but it was fairly minor in that he was able to resume his running within a month. In view of that finding, while I accept there may have been some lingering residual discomfort, it would be of a fairly modest magnitude.
Posted by Personal Injury Lawyer Mr. Renn A. Holness, B.A., LL.B.