What is the credibility of the statements given by the drivers in this dispute?
British Columbia, Canada
The following excerpt is from Henkel Construction Ltd. v. ICBC, 2021 BCCRT 694 (CanLII):
19. Both drivers’ statements in this dispute are detailed and reasonably similar to statements they each gave to ICBC shortly after the accident. That said, another part of assessing credibility is comparing each driver’s account to common human experience. Put another way, whose account is more in harmony with what “a practical and informed person would recognize as reasonable in that place and in those circumstances”? See Gichuru v. Smith, 2013 BCSC 895, at paragraph 130.
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