Limitations Imposed On Minor Injury In Motor Vehicle Accident Claims
British Columbia has chosen to place each accident into one of 2 classes. Some accidents are classed as minor; those result in minor injuries. An accident that is not minor often causes at least one passenger or driver to suffer a catastrophic injury. In order to reduce the number of costly payments made by ICBC (Insurance Company of British Columbia), the government has imposed limitations on the injuries linked to the minor accident claims.
General rules, regarding the minor claims
Each such claim gets handled by a Civil Resolution Tribunal (CRT), rather than in the court system. However, a settlement award can be no greater than $50,000. A plaintiff that does not want to fight for that limited award must prove that his or her injury should not get classed as “minor.” If it is does not deserve that classification, then the plaintiff’s award should not be limited.
Details on the CRT process, which handles the minor claims
The process does not involve actions that take place in a courtroom. Instead, the process gets carried out online. Those involved in that process must submit written documents.
The Personal Injury Lawyer in Richmond hired by the plaintiff and the lawyers for the defendant must both make the wisest choice possible, when selecting a medical expert. Each of them is allowed only a single expert from the medical profession. Still, each of them can seek the approval of a request for up to 3 medical experts.
Of course, any lawyer that seeks the approval of 3 such experts should understand the full extent of CRT’s powers. That Tribunal has the right to appoint an expert. In other words, it could deny a request for 3 experts and then decide to appoint one of its own. That would steal from the lawyer the chance to pick a single medical expert.
No personal injury attorney in British Columbia likes the system that makes use of CRT for the handling of a claim for a minor injury. It saves ICBC a good deal of money, but it reduces the amount of money available to the personal injury lawyer. Just about every personal injury lawyer in British Columbia has been forced to face the challenge of seeking a fair compensation for a client with a severe injury, but one that does not qualify as a catastrophic injury.
After all, a freak accident anywhere, even on the road, can result from the occurrence of a minor mishap. It might seem minor-like in nature, but in reality, it can cause someone to have a decidedly severe injury. Sadly, in British Columbia, the unfortunate victim might find it impossible to obtain a truly fair compensation.