There have recently been significant changes to personal injury laws in BC and drivers need to be aware of how these changes will impact them. Here are 3 ways the changes will impact you.
- The amount that ICBC is required to pay for Part 7 or “no-fault” benefits – benefits that every person injured in a motor vehicle collision is entitled to receive from ICBC regardless of whether or not they were at fault for the collision – has increased significantly. For example, prior to April 1, 2019, ICBC was required to pay $23 per massage therapy treatment whereas, for treatment that occurs after April 1, ICBC is now required to pay $80 per treatment.
- There is now a cap of $5,500 on compensation for pain and suffering for injuries that have been deemed to be “minor injuries”. The definition of “minor injury” includes concussions and psychological injuries that do not result in incapacity after four months and soft-tissue type injuries, such as sprains, strains, whiplash, partial-tears, and pain syndromes, that do not result in a significant impairment after one year. This means that someone injured in a motor vehicle collision could experience a significant impairment due to a soft tissue injury that could keep them off work and impact their activities of daily living for up to one year and still only receive a maximum of $5,500 for their pain and suffering.
- The way that a personal injury claim arising out of a motor vehicle collision travels through our judicial system has changed. A personal injury lawsuit used to be in the sole jurisdiction of our courts. Now certain parts of a claim must be dealt with by the BC Civil Resolution Tribunal. The BC CRT is an online tribunal where decisions are made by adjudicators rather than judges. For example, the determination of whether an injury is “minor” or not must be made by the BC CRT.
Although ICBC will continue to make changes around their rules and regulations we at CBM are ready to help fight for your settlement. Contact us today and let’s get started!