This article is all about those dreaded ICBC caps that we’ve been hearing about, and how they might affect you and your claim.
The big news is that today, these caps don't affect your claim. The proposed legislation that still hasn’t made its way through the legislature says that by April 2019 it may impact 'minor and soft tissue injuries.'
The first problem? They haven’t really defined what 'minor and soft tissue injuries' means exactly. Not yet. So we don’t really fully understand how that might impact you and your claim.
What we do know is that today, you are still under the existing tort system. This means you have a right, as an injured party, to take your claim all the way to the courts if necessary. Our team at Hemminger Law Group Westshore has worked with a number of clients to ensure that they have the best results when it comes to their claim.
The first thing, the most important thing, is working with you to get you back on your feet and back to the best possible condition you were in before your accident. We do that by ensuring you get access to the right medical care, the right therapies, and, if necessary, in front of the right experts that will help identify exactly how your injuries are impacting you and your life today.
We are going to continue to work with and help people as they navigate the new ICBC caps system, if they come into effect.
The changes will impact what we can do for you because one of the things they’re looking at is having your claim be heard by an appeal board type agency who then decides if you can go forward through something called a Civil Resolution Tribunal (CRT). The CRT is for when you can’t actually settle your claim with this appeal board agency.
When you go to the tribunal, there will be caps on what they can do for you. Right now, your pain and suffering is decided by the courts. The courts have looked at thousands of cases and said that if you’re X age and you have Y injuries and it’s impacted your life in Z way, you are entitled to a certain amount of money. Under the new caps system, and depending on your claim, you will receive approximately $5,500 or less. They are also going to decide for you who you can see as a medical practitioner, the types of therapies you will be entitled to, and who will be providing you with those services. Right now, you have the ability to seek whatever kind of treatment you want, so long as it fits within the amount of money they’re covering for you. So there are going to be some significant changes.
We are trying to identify the best possible way to work within this new ICBC caps system. We believe we have a solution to be able to at least provide you some support with your claim, and if you don’t agree with what’s going on with it, how to still get you the best results possible, even in the new CRT system.
The most important change that might be coming with this new legislation is that this:
If your injuries exceed past 12 months, you’re no longer in the caps system.
If the ICBC Caps legislation comes through, it's important for you to consult with a lawyer as you would have done under our current system. If your injuries exceed 12 months you will not be a part of the caps system. A lawyer will be able to help you understand how best to proceed with the claim once out of the caps system.
If you have an injury and you have a claim, talk to a lawyer.