If you are injured in a motor vehicle collision, it is important to watch what you say at the scene of the accident, as this information can later be detrimental to the value of your claim, and can even lead to its’ outright dismissal. There can also sometimes be a common misconception that when someone apologizes at the scene, then this automatically means that they caused the accident. This is not the case, given section 2 of the Apology Act.
In Dupre v. Patterson, an accident occurred between a cyclist and a motorist. The matter was brought via the fast track route. The Defendant brought a motion for Summary Judgement, in order to dismiss the action, claiming she was not liable in any way. The Plaintiff cyclist had apologized to the Defendant after the collision. The Court ruled that the Defendant was liable for the accident, despite any apology made by the cyclist which, by virtue of section 2 of the Apology Act, does not constitute an admission of fault or liability.
 Defence counsel pointed to some statements made by Ms. Dupre to Ms. Patterson after the accident, when Ms. Dupre apologized. In view of my conclusion that Ms. Patterson’s negligence caused the accident, I will address this point only very briefly.
 First, it was unclear, based on the submissions, how I was being asked to use Ms. Dupre’s statements and whether they were admissible for the purpose for which they were being tendered. Secondly, it is clear that an apology made by or on behalf of a person in connection with any matter does not constitute an express or implied admission or acknowledgment of fault or liability: see the Apology Act, S.B.C. 2006, c. 19, s. 2.
 Ms. Dupre explained that when she spoke to Ms. Patterson after the accident, she was upset and in considerable pain from falling and injuring her shoulder, and she felt embarrassed by the attention the accident had caused. She did not remember saying anything about having over-extended or pushed herself too far on the bike ride. Roadside admissions at accident scenes are unreliable, since people tend to be shaken and disorganized. This describes Ms. Dupre’s situation. Her statements do not affect my conclusion that Ms. Patterson’s negligence caused the accident.