ICBC claim limits and the new no fault insurance
there’s a new legislation affecting ICBC claims.
If you have an ICBC claim, you need legal advice to navigate these changes.
Schedule a free consultation with Helpforme.
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Since the initial announcement on February 6, 2020, many of the proposed changes to our current motor vehicle insurance system have received Royal Assent.
No Fault Insurance
On August 14, 2020, Bill (No. 11) Attorney General Statutes (Vehicle Insurance) Amendment Act, 2020 received Royal Assent in the BC Legislative Assembly. Effective May 1, 2021, British Columbia’s motor vehicle insurance system will change to a “care-based” model, otherwise known as “no-fault insurance.” All will be subject to the new regulations, whether you are a driver, passenger, pedestrian, or cyclist, and regardless of whether at-fault for a crash or involved in a single-car collision.
Possibly as early as Spring 2022, the government also plans to:
- limit injury victims’ ability to present their ICBC claim to the court by limiting the number of experts they can retain to give evidence. Expert evidence is essential to the assessment of any injury claim and with these changes it will be more difficult for injured victims to present their cases; and
- limit injured victims’ ability to recover the expenses incurred to gather all the necessary evidence by introducing an arbitrary limit of $3,000 to all expert reports, and an arbitrary limit to the overall amount of expenses that can be claimed.
Helpforme supports progressive changes to our system of justice and system of managing injury claims. However, change must not be at the expense of innocent victims. Right now, all the above are just proposals. Check back for more updates on these changes.
Effective April 1, 2019, the government placed a cap on the pain and suffering payments for a minor injury at $5,500.
If you’ve had an accident, there may be limits on what you can claim under the new rules. At its core, the cap disadvantages those injured by a negligent driver. We’ll make sure your claim is structured to your best advantage.
If you have an ongoing ICBC claim and have been told that you have a "minor injury", please read our helpful Q&A. if you have any further questions please contact us today.
include the following:
Sprains and Strains
TMJ (Injury to the Jaw)
Claims that arise from accidents that occur before April 1, 2019 are not subject to the new cap on damages. Given this change, we still recommend you seek legal advice as soon as possible to safeguard your claim and establish your rights.
While ICBC alleges that the cap will save money in the long run, this comes at the expense of victim’s rights. A lawyer can navigate you through the legal changes and definitions to determine if this cap will impact you.
Another aspect of the April 2019 legislative changes is that motor vehicle accident personal injury disputes where there is a “minor injury,” as well as all injury claims with a value up to $50,000, will be dealt with by the BC Civil Resolution Tribunal (CRT) as opposed to the Provincial and Supreme Courts of British Columbia. Our lawyers are experienced with CRT hearings and can help you to navigate both the submission of an application and the appeal process should you be unhappy with a CRT ruling.
We understand the intricacies of ICBC policies.
Simply put, we know the law. While you can always file a claim yourself, you might make mistakes or omit important information in your statement. This can affect the outcome of your case, as anything you say can be used against you. This is when personal injury lawyers come in. We work with you to build your claim, and make sure that we get you the highest possible compensation.
Hiring an ICBC personal injury lawyer is in your best interest.
Most importantly, ICBC personal injury lawyers are on your side. We don’t represent ICBC, we advocate on your behalf.
Eight things to consider
when hiring a lawyer.
Read this helpful ICBC Claims Guide.
Here’s how Helpforme experts helped others.
your wellbeing is our priority.
Helpforme is a service of Hammerberg Lawyers LLP. Hammerberg boasts one of BC’s largest and most established groups of personal injury lawyers.
This service was created to widen access to a highly respected and specialized group of lawyers that would not otherwise be accessible to them throughout such a collaborative, personal process. We work together – alongside you every step of the way – to help you get maximum compensation. We do everything we can to help you recover your life.