What Are The Drawbacks To Implementation of A No-Fault System In B.C.?
As more and more states in the U.S., along with some of Canada’s provinces implement a no-fault system, some residents of British Columbia have spoken out in favor of the introduction of a no-fault system in the province. The advantages desired by those that advocate for a no-fault system in British Columbia include faster access to treatment and cost savings for drivers and insurance company
What today’s system provides to residents of British Columbia?
• Access to no-fault benefits win the total cost for a victim’s injuries does not come to more than $150,000.
• Ability to seek uncovered expenses by introducing a tort claim.
• A disabled employee can request disability benefits that can be as much as $300 per week.
Risks associated with a no-fault insurance system:
Injured victims may be denied full compensation for their injuries. The insurance company promptly delivers payment for treatment of the existing injuries. If the victim develops further symptoms, those may not be covered. It could be that the insurance company had chosen to settle in a brief span of time. That is why hiring an Injury Lawyer in Richmond can help the accident victim get maximum compensation.
No consideration given to individual circumstances. At the present time, each B.C. resident that has been involved in an accident must submit a detailed claim form. That spells out the condition of the driver and any passengers. It also explains the circumstances surrounding the injury-causing accident. The proposed changes would do-away with such information-packed claim forms.
All claimants find that they are at the mercy of the adjuster. The adjuster assesses the nature of their injury. If the adjuster declares that a given treatment, one recommended by the treating physician, should prove satisfactory, then the insurance company would have reason to question a request for a different treatment, in the event that other symptoms aggravated the patient’s previously treated injury.
Victims find it hard to seek justice. Victims are not encouraged to introduce a tort claim, if a benefit fails to cover all of the victim’s medical expenses. In the absence of a tort claim, an injured victim cannot seek compensation for things like the loss of future earnings or for a re-emergence and/or aggravation of that same victim’s existing symptoms.
It is not clear how disabled employees would be compensated for the forced time-off from work, especially if the employee needs to request an extended leave of absence. What system would be in place for any type of appeal hearings, if a request for extended disability benefits got denied?
All those concerns fill the minds of those residents of British Columbia that hesitate to support the newer type of fault-free system. As of now, no one has offered assurance of ways to prevent development of such risks, if no driver gets declared at-fault for any accident.