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

Experts suggest Esquimalt explores hub-and-spoke medical clinic model

Dr. Eileen Pepler says Esquimalt is in a ‘dire’ situation for medical care accessibility

‘Preliminary’ discussions with Saanich identify public works yard as potential velodrome site

Greater Victoria Velodrome Association’s David Atwell says site ‘is of great interest to us’

Victoria Mayor Lisa Helps appointed to BC Transit board of directors

Helps joins six other board members, four of which are locally elected officials

Unveiling of Greater Victoria bus-tracking app delayed

NextRide won’t be coming to Greater Victoria until July

Art Gallery of Greater Victoria receives $2.8M Anthony Thorn donation

Victoria News article inspires hefty donation for gallery expansion

POLL: How often does your family use BC Ferries?

Navigating the lineups for BC Ferries is a way of life for… Continue reading

Crime Stoppers most wanted for Greater Victoria for the week of April 16

Greater Victoria Crime Stoppers is seeking the public’s help in locating the… Continue reading

Prince George sweeps to first-ever BC Hockey League crown

Spruce Kings beat Vernon Vipers 3-1 in the Okanagan Wednesday for 13th straight playoff win

Hwang’s first MLS goal lifts Whitecaps to 1-0 win over LAFC

Vancouver picks up first victory of season

Child-proof your windows ahead of warm weather: B.C. expert

Fifteen children were taken to BC Children’s Hospital for falls in 2018

B.C. trucker pleads guilty to lesser charges in fatal Manitoba crash

Gurjant Singh was fined $3,000 and given a one-year driving prohibition.

Study links preschool screen time to behavioural and attention problems

The research looked at more than 2,400 families

Island man guilty of child porn charges, Crown alleges 250,000 images

Psychiatric assessment requested by Crown, sentencing to be set June 4 in Nanaimo court

Most Read