Know More About ICBC No Fault Scheme

The term minor injury is one that you will likely often hear when it comes to making a personal injury claim. Many consider the term a government language meant to mislead the public by making an injury sound less severe than it actually is.

On May 17, 2018 the provincial government, at the encouragement of the ICBC, made changes to the Insurance Vehicle Act and the Civil Tribunal Act that severely reduced the compensation given to victims of car accidents. These changes became legislation which made them legal. It also made it more difficult for those who were injured in vehicle accidents to get full compensation for the injuries they received. It gave the ICBC legal power to refuse claims and strongly encourage claimants to settle for claims that were capped at a certain amount, regardless of the severity of their injuries.

After the legislation was passed, they took effect on motor vehicle accidents that happened on April 1, 2019 or later, excluding a few exceptions. ICBC presented these changes as being helpful to ICBC claimants. The reality is that the changes drastically reduced the compensation claimants could receive. It was argued by personal injury lawyers that the legislation was not helpful and was similar to a no-fault system where victims didn’t receive adequate compensation while the driver who caused the accident gained benefits and compensation for causing the accident. In other words, it was argued that the driver didn’t have any negative consequences for causing the accident.

Personal Injury Lawyer in Vancouver argue that this type of legislation treats the victim poorly since both the victim and the at-fault driver get the same type of compensation. While there’s not enough space here to fully explain the amendments to the legislation, we can give you a summary of what these changes mean when it comes to personal injury claims with ICBC. The suffering and pain compensation for minor injuries is capped at $5,500, an amount that is indexed for inflation. This includes treatments and salary loss. An automatic categorization of all injuries as minor, including injuries that are significant or permanent. The results are that what is now called a minor injury is a misnomer

Adding restrictions to treatment compensation. This means that you will need make sure that therapists treating you do not charge more than the prescribed fee set out by ICBC. If they do, then you will not be able to recover any amount from the ICBC that is higher than the prescribed rate.

Removing the ability to recover wage loss or medical expenses from the ICBC if the claimant has another source of potential income like a disability plan or extended health coverage. Forcing a claimant to use a Civil Resolution Tribunal by removing the right to fighting a personal injury claim in court. Making it difficult for a claimant to pursue future care payout by forcing the claimant to make additional requests and filling out additional paperwork with the ICBCs Part VII program.