If your car accident occurred before January 1, 2019 the ICBC injury cap will not affect your claim. The current government may however change the proposal before, or if, it becomes law. It is therefore very important that all claimants obtain legal advice in the first 30 days following a car accident. Most injury lawyers still provide this advice free of charge.
The Current British Columbia government and the Insurance Corporation of BC, ICBC, has proposed a $5,500 cap on minor ICBC car accident claims. If this proposals become law auto accident claims will become even more complicated and costly. The judicial determination of awards for pain and suffer will be replaced with an arbitrary limit controlled by an auto insurance monopoly.
The British Columbia Injury Cap
The caps on minor injuries have yet to become law and are being opposed by most informed community groups and individuals. As the national trend increases for the recognition of quality of life thru compensation for pain and suffering, the current BC government is proposing to do away with quality of life, going in the opposite direction.
These proposals mean that if you are an innocent injury victim of a car accident dealing with ICBC after 2018, ICBC will not be responsible for paying you more than $5,500.00 on behalf of the person at fault for your injury .
This means that you will not be able to sue for more than $5,500 solely for your pain and suffering. This proposed cap will not apply to other items such as medical expenses, loss of earnings or loss of capacity.
How ICBC will Determine if you have Suffered a Minor Injury
This important factor has been left out of the proposal. This creates the real danger that significant injury claims will be denied and described by ICBC as minor.
ICBC employs many lawyers in their legal department and as outside counsel, yet ICBC will expect customers to apply to have their case reviewed by the Civil Resolution Tribunal without lawyers or without provision for legal costs.
The proposed system will be unfair to many ICBC injury claimants, especially the poor, putting them on an unequal playing field with ICBC when gathering medical and loss of earnings evidence.
What can you do to Stop these Changes
Go to ROAD.BC and sign the petition opposing injury caps and contact your MLA