(File)

Trial lawyers’ group challenges ICBC over injury payouts, disputes resolution

Trial Lawyers Association of BC plans to launch a constitutional challenge

A legal battle is shaping up in B.C. with the trial lawyers association promising to fight a move by the government-run auto insurer to overhaul claims payments and how it resolves disputes.

Effective immediately, ICBC has set a $5,500 cap on pain and suffering payments for minor injuries, which the Crown corporation describes as payments “recognizing the inconvenience and emotional distress of being in a crash.”

READ MORE: Would-be drivers caught cheating on ICBC licence test

The corporation is also sending all disagreements about how minor injuries are determined, or disputes about any injury claim below $50,000 to a civil resolution tribunal.

On its website, the corporation says the tribunal can be used without the need for legal representation, but the Trial Lawyers Association of British Columbia has warned the government that it intends to launch a constitutional challenge.

The association says the revisions have the potential to unfairly cut compensation for crash victims.

Association president Ron Nairne says in a statement that the new process could also restrict access to the courts, denying claimants of a basic human right guaranteed by the Charter of Rights.

“The approach this government has taken to legislative and regulatory changes to address ICBC’s mismanagement problems violates the rights of British Columbians. This should be about protecting the public interest – not about protecting ICBC,” Nairne says.

Attorney General David Eby said Friday that word of the constitutional challenge was not unexpected.

“They believe that you can only resolve disputes appropriately through B.C. Supreme Court. We don’t, obviously, agree with their interpretation of the law,” he said.

Changes to insurance corporation payments and procedures were announced last year, shortly after Eby referred to the insurer as a “financial dumpster fire.”

The latest fiscal year ended March 31 and the corporation announced in February that its projected deficit was $1.18 billion, on top of the $1.3 billion loss posted over the 2017/18 fiscal year.

With the April 1 cap on pain and suffering payouts for minor injury claims, B.C. becomes the final province in Canada to limit the payments.

The corporation has said the change is expected to save it more than $1 billion annually.

(News1130, The Canadian Press)

The Canadian Press

Like us on Facebook and follow us on Twitter

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Victoria’s 75,000 veggie plants ready to find a home

New gardeners line-up for Get Growing Victoria

Vancouver Island hasn’t seen a new homegrown case of COVID-19 in two weeks

Island’s low and steady transmission rate chalked up to several factors

No one injured in suspicious Victoria boat fire, say investigators

Victoria police and fire personnel called to blaze on waters near Selkirk Trestle May 22

Three people facing mischief charges after protests at Premier John Horgan’s home

Special prosecutor was appointed to avoid real or perceived undue influence

VIDEO: Saanich police tackle man who refused to move off Trans-Canada Highway

At this point, it is unclear why the man refused to move

Dump truck in Nanaimo snags power lines, snaps hydro pole, crashes

No injuries in incident Monday morning on Old Victoria Road

Ferry sailings scheduled once again at Nanaimo’s Departure Bay terminal

BC Ferries announces that resumption of service June 3 includes four daily round trips

Facing changes together: Your community, your journalists

The COVID-19 pandemic has changed the world in ways that would have… Continue reading

Island Health signs working agreement to turn former Comox hospital into a ‘dementia village’

Island Health has signed a project development agreement with Providence Living to… Continue reading

Kelowna man charged with harming a hamster

The 20-year-old Kelowna man faces several animal cruelty charges

High tech fish transport system set up to ‘whoosh’ salmon past Big Bar landslide

Fish will spend roughly 20 seconds inside the system, moving at roughly 20 metres per second

Trudeau to seek 10 days of paid sick leave for Canadian workers, says talks are ongoing

Paid sick leave is key to keeping COVID-19 spread under control, prime minister says

Snowbirds jets will not be leaving Kamloops, just yet

The Snowbirds have been in Kamloops since May 17 when a plane crashed killing Capt. Jennifer Casey

Most Read