How Will Various Claims Be Affected By ICBC’s Proposed Caps?
Generally, the personal injury lawyers of British Columbia object to ICBC’s proposed cap on the amount awarded for a victim’s pain and suffering. After all, the capping of such awards is supposed to lower ICBC’s legal costs. Moreover, that is but one of the lawyer’s reasons for objecting to the imposition of such caps.
Changes objected to by lawyers of British Columbia
The size of award for pain and suffering to be capped at $5,500.00. The cap will only apply to minor injuries. Medical proof to be used to determine what is a minor injury. Lawyers question knowledge and experience of the person that will be used to establish such proof. That person has not yet been identified. Disputes settled by BC Civil Resolution Tribunal. Claimants that appear before Tribunal must represent themselves.
Changes that ICBC points to as a benefit to accident victims
Capping will have no effect on claims made before April 1, 2019. If a resident of British Columbia agrees to pay an annual premium of $1,300.00, size of cap will be raised to $75,000 for pain and suffering.
Cap does not affect the size of awards for income lost, or the size of what gets awarded to victims, in order to cover the cost of medical treatments. In fact, the amount allowed for covering medical treatments will increase. However, it is best to file a claim with the assistance of a personal injury lawyer and not on your own.
The amount to be paid for homemaker benefits will increase from $145 per week to $280 per week. There will be a decrease in the size of the user fees, due to the fact that the amount paid for treatment costs will increase. An increase in the size of the interim income loss compensation: from $300 per week to $740 per week.
One objection to the absence of a change
While the size of the homemaker benefits will be increasing, accident victims will still have to deal with the same review process, when going after such a benefit. The review process entails the making of supervised visits to the victim’s home. This process imposes on the victim’s privacy and lengthens the wait until the benefits become available to the victim.
By raising this objection, the Personal Injury Lawyer in Vernon have demonstrated their concern for victims’ interests, and not just for victims’ money. Indeed, this objection showcases the fact that ICBC’s effort to decrease its legal fees has triggered an attempt to place a greater burden on accident victims.
Both ICBC and the legal community have emphasized their concern for accident victims. Their PR efforts have focused on more than just money matters. In that respect, the proposed changes have helped to highlight the varied needs of anyone that must deal with the injuries sustained in some type of motor vehicle accident.