ICBC claim limits and new 2020 no fault proposals
there’s 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.
Our service is designed to help you overcome the challenges of real life situations with as little stress as possible. We’ve tailored our expertise to help you.
On February 6, 2020, the BC government announced severe and sweeping changes to the ICBC injury claim process.
Proposed changes include No Fault Insurance, limits to expert evidence and recovery of disbursements. If the proposed legislation is passed it will apply to claims on and after May 2021 and will prevent injury victims from presenting their individual harms and losses to the court for compensation, as well as eliminated accountability on the part of the at fault driver.
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.
Minor Injuries
include the following:
Concussions
Abrasions
Contusions
Lacerations
Sprains and Strains
Whiplash Injuries
TMJ (Injury to the Jaw)
Pain Syndromes
Psychological/Psychiatric Conditions
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.
LAW HANDBOOKS
Read this helpful ICBC Claims Guide.
Here’s how Helpforme experts helped others.
CASE STUDIES
Leo’s Story – Bicycle Accident
Before his collision, Leo was in excellent health and extremely active. He worked full time as a senior software developer and was an avid cyclist.
Amy’s Story – Pedestrian Accident
Amy was a single mom of 52 in excellent health. She was physically and socially active and enjoyed recreational activities such as travelling, camping, participating
Mike’s Story – In-Flight Accident
Mike was a 52-year old government employee at the time of his accident. Before that, he’d worked as a cashier and as a paramedic until
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About Us
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.
Helpforme Personal Legal Services
Hammerberg Lawyers LLP
Suite 1220 Airport Square
1200 West 73rd Avenue
Vancouver, BC Canada V6P 6G5
Tel: 604-269-8500
Fax: 604-269-8511
Toll Free: 1-888-LAW-5544
