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

Aftershock soccer tournament takes over Port Hardy fields

Around the clock matches were played in divisions ranging from tots to U18.

Eke Me-Xi Learning Centre’s 2018-2019 graduating class

The Eke Me-Xi Learning Centre is located on the Tsulquate reserve in the North Island.

Skin deep: A look inside the ink behind Beacon Tattoo

Patrick Berube, owner of Beacon Tattoo, spends most of his Tuesdays at… Continue reading

Second recreational cannabis shop opens its doors in Port Hardy

Pacificanna owner Darren Saunders was excited to finally see his family-run business open up shop.

Bradshaw’s Photo Highlight: A lone crow landing beside an eagle

“I saw an eagle just sitting there, but I had a feeling it wouldn’t be there long as I got closer”

VIDEO: Driver doing laps in busy Vancouver intersections nets charges

Toyota Camry spotted doing laps in intersection, driving towards pedestrians

Former Vernon Judo coach pleads guilty to child pornography charges

Bryan Jeffrey McLachlan is set to return to court Sept. 4 for sentencing

B.C. Olympic skier sues Alpine Canada after coach’s sex offences

Bertrand Charest was convicted in 2017 on 37 charges

Former Canucks goalie Roberto Luongo to retire

‘Bobby Lou’ calls it a career after 19 NHL seasons

Man charged in crash that killed B.C. pregnant woman

Frank Tessman charged for 2018 Highway 1 accident where Kelowna elementary school teacher died

Province unveils 10-year plan to boost mental health, addiction recovery services

The plan, called A Pathway to Hope, focuses on early-intervention services that are seeing high demand

Rock slide in B.C. river may hinder salmon passage

DFO says it is aware that the slide occurred in a narrow portion of the Fraser River

Four-hour tarmac delay violates charter rights of Canadians with a disability: lawsuit

Bob Brown says new rules reduce the distance he can travel by air without putting his health at risk

Most Read