What is going on with car insurance in BC?
The NDP government and ICBC have changed the laws in BC in an attempt to deny most innocently injured victims of bad drivers the fair compensation they deserve. Starting April 1, 2019, if you are innocently injured in a car accident and ICBC decides your injuries are “minor,” you will be told your claim is limited to $5,500.00 for your pain and suffering.
Why should you consult a lawyer before accepting what ICBC says?
It will be in ICBC’s interest to tell you your injuries are “minor,” whether that is true or not!
You need to know what a “minor” injury is before resolving your claim.
Minor injuries may include:
- Post traumatic stress disorder;
- Depression; and
- Chronic pain
ICBC might not pay all of your medical costs or your wage loss.
What do you need to know?
Even if ICBC decides your injuries are minor, you may still be entitled to be compensated for:
- Future wage loss;
- Cost of future care;
- Out-of-pocket expenses; and
- Loss of homemaking capacity
ICBC will not pay back any sick benefits you may receive, and your employer or disability insurer may claim the benefits must be paid back when you settle your claim.
If you do not follow the prescribed treatment plan, ICBC may claim your injuries are minor even if they are serious.
ICBC will set the amount payable to your health care practitioners (physiotherapist, chiropractor, psychologist, etc.) and you will not be compensated if you must pay more than the prescribed amount.
Disputes involving claims of $50,000.00 or less may be determined by the Civil Resolution Tribunal whose adjudicator is appointed for a limited period of time by the government.
What do the changes mean for you?
- Potentially less than fair compensation for your pain, suffering and loss of enjoyment of life;
- Potentially less compensation for your wage loss; and
- Potentially being required to pay some of your medical expenses out of your own pocket.
Don’t be taken advantage of. Get legal advice. Contact us today.