ICBC Changes – New Protocol
DID YOU KNOW?
Under the new laws respecting ICBC, if you are injured in a motor vehicle accident on or after April 1, 2019, you have 12 weeks from the time of the accident to seek treatment from a physician. Failure to do so and failure to follow the prescribed treatment protocol could result in a serious impairment being deemed a “minor injury.” If deemed a “minor injury,” your claim would be subject to the new $5,500 limit on pain and suffering payouts.
Some injuries show up immediately, but others may not become apparent until much later. Limiting the time period for which injuries can be diagnosed and assessed can result in those involved in a motor vehicle accident not being properly compensated for the extent of their injuries.
That said, if an injury persists beyond the allocated four months for brain injuries or mental health problems and 12 months for sprains, strains, etc., it could be considered a more serious injury, but you must meet further strict definitions.
So, who has the responsibility of proving that the injury is major? The claimant. It is also the claimant’s responsibility to prove that they followed the initial prescribed treatment protocol.
The new laws and system for dealing with motor vehicle accidents can be confusing. It is vital, then, to seek legal counsel immediately following an accident. A lawyer can help you understand your rights and ensure that you are properly compensated.
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.