Low Velocity Crash Report

Ombudsman Reports on ICBC's Minimal/No Damage-Low Velocity Impact Program

Provincial Ombudsman Howard Kushner today released Special Report
No. 26, a report on his office's investigation of a program initiated by
ICBC to deal with claims arising from low-velocity motor vehicle accidents.

"Our concern from the outset of our investigation was that it appeared that
some people with legitimate claims were being denied compensation and
benefits," noted Kushner.

During the course of the investigation, ICBC agreed to review and revise
many decisions on individual claim files, resulting in payment of over $1.2
million in claims that would otherwise have been denied. The ICBC program, initially named the Minimal/No Damage Program, commenced in 1992 and was later renamed the Low Velocity Impact (LVI) Program.
Claims from accidents occurring at impact speeds of eight kilometres per hour or less were denied under the program without being adjusted on the merits of the individual claims. "This differed from all other claims to ICBC, which are adjusted on their merits," noted Kushner.

While ICBC did not accept Kushner's recommendation to reconsider claims from all people who felt that they had been unfairly denied a claim under the program, Kushner commended ICBC for making significant changes to the program to address his concerns.

Kushner states: "My decision to conclude this Ombudsman-initiated
investigation reflects significant changes made to the program, and I am
confident that future fairness concerns that may arise can be addressed
through individual complaints to my office."