ICBC CHANGES – NEW LIMIT ON EXPERTS & REPORTS
DID YOU KNOW?
Along with making several changes to the way ICBC operates, the BC government further introduced a new regulation that limits the number of experts and reports both the plaintiff and defendant can rely upon in proving their injuries in a “vehicle action.”
As of February 11, 2019, parties to a vehicle action may have at trial only one expert and report for claims less than $100,000. For all other claims, they can tender a maximum of three experts and no more than one report from each expert.
The new rule may reduce the cost of litigation, particularly for ICBC, but at what cost to individuals who have been injured in a motor vehicle accident? It is sometimes necessary for individuals to supply multiple reports, such as medical reports, economic reports, treatment reports and work capacity assessments. In many instances, limiting the number of reports to three will not allow an individual to properly prove their claim, which would be a benefit to ICBC only.
Injured individuals may also be forced to rely on experts who can opine on a wide range of symptoms and conditions rather than one area of expertise. This potentially could open up the expert to criticism in the court room.
It’s apparent, then, that the laws in BC have changed significantly. The new system can be difficult to understand. It is wise to seek legal counsel immediately following a motor vehicle accident. A lawyer can help you defend your rights and ensure that you receive proper compensation.
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.