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Accident Law

What the New ICBC Claims Law Means for Auto Accident Victims

By October 14, 2019March 21st, 2022No Comments

British Columbia legislation passed a law in 2019 limiting the compensation for motor vehicle injuries that are deemed “minor.” This new category of “minor injuries” places a cap on the monetary amount available for ICBC claims. It also caps auto accident claims at $5,500, with additional monies awarded for lost wages and out-of-pocket expenses. Unfortunately, this law leaves many victims with severe injuries without legal recourse to recover the compensation they deserve.

Avoid the ICBC Minor Accidents Category

The ICBC car accident lawyers serving Vancouver and the surrounding areas expect that most ICBC claims will be deemed minor and be subject to the $5,500 capped compensation. Injuries that prevent, or limit, your abilities to perform daily tasks, such as going to school or working for more than a year, may be impacted. If your condition is not expected to improve, your claim may be pushed out of the minor injury category.

It’s crucial to your health, and your ICBC claim, that you follow appropriate steps after an unfortunate car accident occurs. Our ICBC lawyers suggest you follow these steps after an accident:

  1. Seek appropriate medical care and follow professional treatment advice.
  2. Ask your employer to accommodate your injuries in the workplace to help you perform your duties.
  3. Keep in mind the 2-year statute of limitations for BC auto accident claims.
  4. Submit medical care receipts to ICBC within 60 days of billing to make sure ICBC is required to pay those expenses.These include ambulance, hospital, surgical, dental, nursing, and other medical services such as physical therapy, speech therapy, and chiropractic treatment.

Your Options If Deemed a ICBC Minor Accident

The severity of your injuries are determined by the adjuster at first instance. If you believe that decision is wrong, then you can appeal through an online application to the Civil Resolution Tribunal (CRT). The CRT makes the final call on your injuries using evidence supplied by you and ICBC. This process is unlikely to be on your side given the legislation, and negates your ability to go through the court with educated, trained judges in this matter.

How to Challenge ICBC “Minor” Accident Claims

Our ICBC car accident lawyers at Stephens & Holman are frustrated with the limitations this legislation has placed on injured victims. If you’re as frustrated with this degradation of British Columbians’ rights as we are, we recommend contacting these individuals: