How changes to ICBC’s minor pain and suffering policy may affect your personal injury claim

There are hundreds of thousands of reported vehicular collisions in British Colombia each year. In 2017, 350,000 accidents were reported which means there were about 960 accidents each day. If you are involved in a crash, there are certain basic things you will need to do.  These things include examining the nature and extent of your damages, reporting the accident and seeking medical attention. Your next move should then be to file a personal injury claim with the ICBC.

Recently the provincial government in British Columbia announced major changes relating to the ICBC’s payouts for personal injury claims. Come April, there will be a cap of $5,500 on payments for the pain and suffering from minor injuries in accidents.

What are minor Injuries?

Pain and suffering refer to the physical pain and emotional distress caused by your accident. Minor injuries describe physical damage such as mild whiplash, aches and sprains, cuts and bruises and may also cover non-physical issues like anxiety. If your injuries persist beyond 12 months and have a significant impact on work and/or other daily functions, they will no longer be considered minor. Thus, they would not be subject to the coverage cap.

Who decides if an injury is minor?

Your doctor will determine if the injuries you sustained are minor, not the ICBC. However, should there be a dispute regarding the classification of your injuries, the ICBC may use an independent physician for a second opinion to settle the disagreement.

Should you still hire a personal injury lawyer if you sustained minor injuries in an accident?

The changes to the ICBC‘s minor pain and suffering claims policy will not affect a customer’s ability to seek legal representation for any type of claim. But if your injury is deemed minor, it might not prove beneficial to hire a lawyer. Since damages for minor injuries will be capped at $5,500, the insurance payout would not be enough to cover legal fees, unless the accident was caused by the negligence or malicious intent of another person. If the accident was caused by the actions of another and you were not at fault, you can seek additional compensation by suing the other party.

Are you looking for a Surrey ICBC lawyer? 

If you were injured in a car accident, hit and run, pedestrian accident, motorcycle accident or cyclist accident, and you need legal advice or representation, contact the legal team at Nirwan Law Corporation.

At Nirwan Law Corporation, we measure our success by the success of our clients. That is why we will fight to get you the compensation you deserve. Our experienced Surrey personal injury lawyer has won millions of dollars in compensation for our clients. We would love to put his skill and experience to work for you. We know the ICBC claim adjusters want to settle your claim quickly and for as little as possible. But we will not settle until we have come to an agreement that is in your best interest. And if we cannot reach a settlement, we will take your case to court and fight for you there.

Our initial legal consultation is free and if we take your case, we will work on a contingency basis. This means we will handle your case without requiring you to pay legal fees up front. We will only charge legal fees if your case is successful.

So, what are you waiting for? Give us a call today to schedule an appointment to speak with our Surrey personal injury lawyer. Let us show you how we can add value to your personal injury claim.

By | 2019-01-18T19:04:58+00:00 January 16th, 2019|Personal Injury Law Resources|

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