We asked Rick McMullan what we need to know about the new PI caps and how they will affect us.
- Caps will limit compensation for “minor” injuries – Caps will be implemented on injuries that are classified as “minor”. The government has determined that “minor” injuries will include whiplash, aches and sprains, cuts and bruises, as well as anxiety resulting from an accident. Broken bones and concussions will not be considered “minor” nor will any “minor” injuries that last longer than 12 months and continue to seriously impact the victim’s daily life.
- Doctors will decide – Doctor’s will have the final say as to whether an injury will be classified as “minor”. ICBC will not be able to make medical determinations but, if they disagree with a doctor’s assessment, the decision will be reviewed by a new civil dispute resolution process.
- Caps can leave you under-compensated – Caps can limit your ability to be eligible for fair compensation from injuries resulting from a motor vehicle accident. A “minor” injury will have a cap for pain and suffering to a maximum of $5,500. Some “minor” injuries may have losses and/or expenses that exceed the maximum allowable compensation under the new laws and that can leave the innocent victim under-compensated.
For more information on the causes, these new personal injury caps could have on you or your claim, contact us.