ICBC Injury Caps
ICBC settlement payouts after April 1, 2019 have changed. Compensation for pain and suffering is limited to $5,500 for cases of minor injury. Learn right away whether ICBC will label you as a minor injury. The $5,500 cap does not apply to wage loss or case expenses. There are however other payout limits and caps on wage loss and health care expenses. These apply to all auto accidents.
ICBC Settlement Payouts for Minor Injury
There are new limits and caps on ICBC injury cases passed into law in 2018 and 2019. These limits will apply based on the date of your accident, the type injury, and the nature of the treatment. It is critical that you speak to a lawyer to get important information about the limits that could apply to your case.
Waiting longer than 60 days to submit expenses means you lose the right to claim the expense. ICBC new rules are harsh for auto accidents that occur after April 1, 2019. If you don’t see a doctor ICBC will automatically classify your injury as minor. That could mean a limited $5,500 ICBC payout for serious, permanent life long injuries.
Your award will be nothing for trivial injuries (called de minimus). ICBC will often refuse to make any offer of settlement and may even refuse to pay for massage and physiotherapy.
ICBC Payouts for Major Injury
If your injury results in serious impairment for longer than 12 months the injury will not be labelled minor injury. The court will review the following factors to determine the appropriate ICBC payout: age, injury type, severity and duration, disability, emotional suffering, loss or impairment of life, impairment of family, marital and social relationships, impairment of physical and mental abilities, loss of lifestyle, and the claimant’s stoicism.
The maximum payout in Canada for pain and suffering is currently close to $400,000.00. The Supreme Court of Canada set the maximum for catastrophic injuries such as severe brain damage and quadriplegia. Apply the Consumer Price Index when calculating the maximum payout.
Talk to a lawyer for a free consultant to learn more about your entitlement to an ICBC settlement payout. ICBC is now labeling serious injuries as minor. Talk to your local MLA to dispute this unfair law. Tell your story at RoadBC. Your right to dispute the ICBC minor injury label is time sensitive and the law is now in effect.