ICBC Changes – Minor Injury Definition
DID YOU KNOW?
If you are involved in a motor vehicle accident in British Columbia on or after April 1, 2019, you are subject to the new $5,500 limit on minor injury payouts for ICBC claims.
The limit applies to pain and suffering awards for minor injuries. Pain and suffering awards are different than accident benefits; however, with the new payout limit comes a new definition of what is deemed as “minor injury.”
The definition includes a very broad range of physical and mental injuries and symptoms, including concussions and brain injuries not resulting in what the legislation further defines as an “incapacity.” Other injuries deemed minor can also get around the cap if they are proved to have caused “permanent serious disfigurement” or “serious impairment,” but the definitions of these terms are quite strict.
Who carries the burden of proving injuries are not minor? You do. It is vital, then, to understand the new system. The new cap on pain and suffering payouts for minor injuries can have a major impact on one’s life. A victim of a motor vehicle accident can go from receiving $50,000 to $150,000 to a maximum of $5,500. To ensure that you receive proper compensation, consult legal counsel immediately following a motor vehicle accident.
Based in Cranbrook, Rella, Paolini & Rogers operates one of the largest, most successful motor vehicle accident claims practices in the southeast region of B.C., with a focus on ICBC claims.