Does the new ICBC cap on pain and suffering injury compensation apply to you?
- It’s important to know that if your road accident occurred before April 1, 2019, the cap does not apply to you AT ALL.
- The cap does not apply to compensation for your past income losses or future income losses caused by your accident injuries.
- The cap does not apply to compensation for damage to your capacity or ability to earn an income in the future. This is true even if you are awarded your ICBC compensation as a “lump sum” .
- The cap does not apply to a grade III WAD injury. This is a whiplash injury where you suffer from numbness, tingling, loss of sensation or decreased reflexes.
- The cap does not apply to WAD I and II whiplash injuries that result in a an injury that is not expected to resolve AND damages your ability to work, study or engage in the activities of daily living. A partial disability (for example, if you have to work in a light duty position) likely would meet the test (based on case law from other provinces).
- The cap does not apply to concussion injuries that damage your ability to work, study or engage in activities of daily living for at least four months. Again, a total disability is likely not required to meet this test. Here is a link to the regulation which deals with the cap as it applies to concussion injuries:
- The cap does not apply to depression or other psychological injuries that cause you to be incapacitated from a key part of your job, studies or activities of daily living for at least four months.
- The cap does not apply to broken bone injuries or neurosurgical injuries such as nerve root impingement or sciatica.
- There are many other cases where the cap may not apply.
- The application of whether your injury is subject to the cap is a complex and evolving area of the law. There is also a Constitutional challenge in the courts requesting that the entire ICBC injury caps scheme be deemed to be in violation of the Charter of Rights and Freedoms as well as the division of powers section of the Constitution of Canada. Here is a link to the Insurance (Vehicle) Act which provides the mechanism for the cap on pain and suffering damages:
- DO NOT DEPEND ON THE ADVICE OF NON-LAWYERS. ICBC and the BC Government have made a big push to try to get car accident injury victims to go through the ICBC claims process without the help of a lawyer. It would be a huge mistake not to have the assistance of a lawyer during your injury claim and determination as to whether the caps apply to you.
- The CRT/ICBC Claims process involves huge stakes. Your claim might be worth $5,500, $55,000, $100,000, $550,000, $1,000,000+ or anything between these numbers depending on your injuries and the outcome. You will be up against experienced ICBC lawyers and/or skillfull ICBC adjusters trying to minimize your claim. This is not a process to take lightly with stakes so high for you. Do not be deceived by the apparent informality of the process. What you say could be used against you. Please speak to a lawyer.
- A good injury lawyer like the lawyers at our firm have a duty in law to act in the best interests of you, not ICBC or the BC Government. ICBC and the Government are trying to pay out less to victims so that ICBC has more money. ICBC has no duty to act in your best interests. A lawyer does.
- A lawyer is an expert in the law. An ICBC adjuster, well meaning friends or even health care experts are not experts in the law. A lawyer in Canadian society is trained to be an expert in the law and is allowed to practice law. No one else is allowed to practice law. Please rely on expert legal advice from a lawyer when you have questions about your ICBC injury claim.
- Call DYSON LAW immediately if you have been injured in a car, pedestrian, cycling or motorcycle accident.
NOW MORE THAN EVER, YOU NEED HELP WITH YOUR ICBC INJURY CLAIM.
CALL (604) 876 – 7000 FOR YOUR FIRST FREE ICBC INJURY CONSULTATION.