ICBC has increased its maximum payouts for severe injuries and treatment, while moving claims under $50,000 to a new administrative tribunal to determine payouts. (Black Press Media)

ICBC caps can withstand lawsuit, save millions, A-G David Eby says

New minor injury, pain and suffering rules apply to all accidents

B.C. is catching up to other provinces in putting limits on court costs and pain and suffering awards in vehicle accidents, and a court challenge by lawyers won’t stop them, Attorney General David Eby said Monday.

All accidents that take place after midnight Sunday are subject to a $5,500 cap on pain and suffering awards that fall under a new “minor injury” definition. Injuries determined by a doctor to be minor will be directed to a new independent dispute resolution process to settle claims of $50,000 or less. That change has been challenged in court by the Trial Lawyers Association of B.C. as an infringement of people’s right to access to court.

“I understand why they are upset about the changes, but the reality is, we don’t have a choice in terms of ensuring that costs are under control for British Columbians,” Eby said Monday. “The civil resolution tribunal has been tested before and upheld by the courts as an appropriate way for British Columbians to access justice on other issues.”

The lawyers’ association filed a constitutional challenge Monday, and recruited former NDP premier Ujjal Dosanjh to speak on their behalf.

“Fixing ICBC is a priority, but not at the expense of access to justice and the charter rights of British Columbians,” Dosanjh said.

READ MORE: ICBC’s 6.3% rate increase approved for April 1

READ MORE: High-risk drivers, new drivers pay more this year

Eby said the alternative to introducing limits on award payouts is increasing ICBC’s basic insurance premiums by up to 40 per cent in the years ahead. A 6.3 per cent increase took effect Monday, about the same as the previous year’s increase as ICBC projected a loss of nearly $1 billion on its operations for 2018-19.

ICBC emphasizes that its overhaul of claims allows more generous payouts for injuries. Also taking effect April 1 is a new benefit of $1,000 for therapy equipment and naturopathic treatments that were previously not covered. More money is also available for treatments under new and existing claims as of April 1, including acupuncture, chiropractic care, psychology, kinesiology, registered massage therapy, occupational therapy and physiotherapy.

The lost-income supplement for people off work due to injury is more than doubled to $740 per week, and the allowance for homemaker support for injured people is also almost doubled to $280 per week.


@tomfletcherbc
tfletcher@blackpress.ca

Like us on Facebook and follow us on Twitter.

Just Posted

Rose Valley Rd. fire in West Kelowna has now been extinguished

West Kelowna Fire Chief says first two grass fires Tuesday were human caused

Two vehicle incident at Leckie and Baron

UPDATE: 5:56 p.m. RCMP is on the scene at a two-vehicle crash… Continue reading

Grounded: Kelowna Falcons early season struggles continue

The Falcons move to 2-8 after another loss Monday night

Collision on Harvey Avenue and Dillworth Drive

The road should be cleared up momentarily

West Kelowna grass fire sparked by ‘hot works’

Glenrosa fire ignites after sparks came from adjacent property

Murray McLauchlan delights Okanagan crowd

Canadian music icon puts on wonderful two-hour show at Performing Arts Centre

Life’s work of talented Shuswap sculptor leads to leukemia

Former Salmon Arm resident warns of dangers of chemical contact

College investigates Okanagan physiotherapist

Stephen Witvoet’s matters are currently before the courts

Shuswap car dealership seeks return of unique stolen Jeep

The red 1989 four-by-four was taken from Salmon Arm GM’s lot early Monday morning.

Horgan says he’ll still defend B.C. coast after second Trans Mountain approval

Meanwhile, one B.C. First Nation has announced plans for a legal challenge

Demonstrators on either side of Trans Mountain debate clash in Vancouver

Crowd heard from member of Indigenous-led coalition that hopes to buy 51% of expansion project

MPs hear retired South Okanagan nurse’s petition to change compensation for fatal medical errors

Teri McGrath wants provinces to implement no-fault system for medical errors

Public weighs in Okanagan rail trail parking development

“It was a great evening to interact with the community and hear the input for the property”

Grieving B.C. mom hopes Facebook message leads to new investigation into son’s Surrey homicide

Criminal Justice Branch didn’t lay charges, concluding no substantial likelihood of murder or manslaughter conviction

Most Read