Have you heard about the new changes to ICBC and wondered what they meant for you? If you have been in a car accident and you have injuries, it is important to talk to a lawyer before settling with ICBC. At Oliver and Co, all consultations regarding motor vehicle accidents are free. Many law firms have similar policies, so don’t hesitate to reach out to find out your rights.
In April 2019, the government introduced ‘minor injury’ cap on ICBC claims. These caps limit the amount of money a civil lawsuit can award in motor vehicle accidents, when the injury from the accident can be classified as minor. The definition of minor is an injury that resolves within 2 years after the accident, or one that lasts longer than 2 years but does not significantly impact a person’s life. There are many factors to consider when assessing what a significant impact can be, and that is why talking to a lawyer is important.
All civil claims are still subject to a 2 year limitation period, which means that a person cannot bring a civil claim for an injury caused by a motor vehicle accident after 2 years from the date of the accident. This limitation period is strictly enforced, so it’s advisable to talk to a lawyer well before the 2 year mark.
The changes to ICBC have meant that so-called ‘part-7’ benefits have increased and are supposed to start right after an accident. In theory, if you are in a car accident and your family doctor advises you to attend physiotherapy or other treatments, then ICBC should pay for that directly. In reality, I see many clients who need a lawyer to help get the treatments paid for by ICBC. This is something else that is usually discussed at the initial free consultation.
Last winter, the government announced that more changes will be made to ICBC. However, it has not yet introduced those changes in legislation. In the meantime, we are proceeding under the 2019 changes and keeping abreast on future developments. ICBC can be a complicated and overwhelming bureaucracy to maneuver within, and that is one big reason talking to a lawyer can help.