Injured driver awarded thousands in accident dispute with Surrey trucking company
A driver from B.C. who was seriously injured in a 2019 crash won a tribunal decision against a Surrey trucking company involved in the accident.
However, she needed to convince the tribunal that her injuries weren’t minor.
The applicant in the case, RD, told the BC Civil Resolution Tribunal that she suffered several major injuries, including a cervical disc protrusion, left rotator cuff impingement, psychological conditions which include major depressive disorder (MDD) and PTSD, and chronic myofascial pain syndrome.
She told the tribunal that her injuries were not minor under both the Insurance Vehicle Act (IVA) and the Minor Injury Regulation (MIR).
Her dispute was against the respondent, Super Star Trucking, which is based in Surrey, and the driver of the truck, GS.
The respondents said that the applicant’s injuries were minor and asked the tribunal to dismiss the claim.
According to the tribunal decision, on Nov. 6, 2019, the applicant was injured when her vehicle was pushed onto a highway median by the respondent’s truck, which was pulling onto the highway.
The applicant told the tribunal that she was scheduled to start seasonal work soon after the accident, but couldn’t because of her injuries.
“The respondents dispute her claim and say the applicant’s employment records show that she had been unemployed since February 2019, and that she had no specific employment plans when the accident occurred,” the tribunal decision states.
The applicant provided several pieces of evidence about her physical injuries not being minor, which the tribunal agreed with. The tribunal also found that the applicant’s activities of daily living (ADLs) were impacted by her MDD and PTSD.
“For the reasons set out above, I find the applicant’s C5-6 disc protrusion, left rotator cuff impingement, MDD, and PTSD are not minor injuries as defined in the IVA and MIR,” the tribunal concluded.
The respondents were ordered to pay the applicant $4,769.07 for dispute-related fees and expenses, including doctor’s reports and hotel costs, as well as $125 in tribunal fees.