Firefighters and paramedics respond to a crash in Nanaimo. (Nanaimo News Bulletin photo)

Advocates, lawyers say ICBC minor injury caps could hit victims at their weakest

Attorney General says that caps could save ICBC $1 billion a year

Legal experts and disability activists alike are worried about the toll minor injury caps could take on vehicle collision victims in the province.

Ronald Nairne, of Burnaby’s Giusti Nairne law firm, takes issue with the victim of a car crash being treated differently than someone hurt in any other accident.

“Simply because I’m in a car, my damages are being limited,” said Nairne, who’s part of R.O.A.D. BC, a coalition of British Columbians who are committed to protecting the rights of anyone who becomes injured on our roads and ensuring accountability for ICBC.

He pointed out scenarios in which he’d have more options for redress if he wasn’t in a vehicle.

“If I go onto my neighbours property and there is a gigantic hole in (sic) the property that’s unsafe and I step in that hole and twist my ankle, fall down and hurt my back and sue my neighbour… the judge says that was unsafe, the neighbour’s responsible for that and you have a minor injury, I’m going to award you $25,000,” said Nairne.

“If I get that same exact injury, but I get injured in a rear-end accident, I’m only going to be eligible for $5,500.”

The province introduced the idea of minor injury caps for ICBC in February, as a way to cool the financial “dumpster fire” of the provincial auto-insurer and stem its losses, which the province said would amount to $1.3 billion this year.

Attorney General David Eby said that the caps are supposed to save ICBC a much-needed $1 billion a year as annual injury claims have risen from $3 billion in 2014 to almost $4 billion in 2017.

The province defines a “minor injury” as an abrasion, contusion, laceration, a pain syndrome or a psychological or psychiatric condition that does not result in a serious impairment or a permanent serious disfigurement of the claimant.

An Attorney General spokesperson said that all conditions, from “cuts to psychological and psychiatric conditions resulting from a collision can vary in impact, from minor to severe” and that each would be assessed on a case-by-case basis.

READ MORE: ICBC rates could go up 30 per cent by 2019: report

But the CEO of the People in Pain Network explained capping minor injury costs only takes advantage of people when they’re at their weakest.

“I just worry about the fact that people can look really well and be really suffering.

“I just think that there’s going to be a lot of people caught in no-man’s land,” said Devine.

The People in Pain Network works with people who have chronic pain and Devine said that’s the group she’s most worried about with the new rules.

The province defines a minor injury as an abrasion, contusion, laceration, a pain syndrome or a psychological or psychiatric condition that does not result in a serious impairment or a permanent serious disfigurement of the claimant.

“People have a lot of trouble now getting doctors to believe that they chronic pain, never mind if you add a complication to the situation and make it more difficult for people to get the help that they need,” said Devine.

She’s worried that minor injuries could grow into major conditions.

However, a ministry spokesperson said that “at any point during recovery, a medical professional can determine if an injury diagnosis, including a mental health injury due to a collision, has changed and should no longer be considered minor.”

While Devine agrees that’s a good step, she wonders how it would turn out in reality.

“If they decide that this is a minor injury and it turns out not to be, the hoops and the process that they have to go through to get it reclassified is in a lot of cases really overwhelming for people,” she said.

“Or it would be denied and denied and denied and years go by and the window to improve their condition is lost.”

An Attorney General spokesperson said that collision related victims can challenge ICBC’s decision “at the independent Civil Resolution Tribunal and have the matter resolved in months, not years.”


@katslepian

katya.slepian@bpdigital.ca

Like us on Facebook and follow us on Twitter.

Just Posted

Excel Martial Arts raises more than $5,000 for family of Chilliwack man killed in workplace accident

By-donation fundraiser event helps wife, three children of 28-year-old Nathan Appleton of Chilliwack

Chilliwack Lions Club has a new place to call home

After more than five years without a headquarters, Chilliwack Lions Club moves into new hall

Sardis Falcons top Heritage Woods in field lacrosse opener

The Falcons rallied from a halftime hole to take a big win on the road in Port Moody.

Chilliwack prolific offender charged in four alleged incidents in 12 days

Branden Tanner busted for alleged smash-and-grab Nov. 30, then incidents Dec. 3, Dec. 8 and Dec. 11

Four companies vying to open cannabis stores in locations across Chilliwack

Rezoning applications for non-medical cannabis outlets pending, and some will require variances

Trudeau to make it harder for future PM to reverse Senate reforms

Of the 105 current senators, 54 are now independents who have banded together in Independent Senators’ Group

Boeser has 2 points as Canucks ground Flyers 5-1

WATCH: Vancouver has little trouble with slumping Philly side

Man dies after falling from B.C. bridge

Intoxicated man climbed railing, lost his balance and fell into the water below

Hundreds attend Hells Angels funeral in Maple Ridge

Body of Chad John Wilson found last month face-down under the Golden Ears Bridge.

B.C. animation team the ‘heart’ of new ‘Spider-Man: Into the Spider-Verse’

The animators, largely based in Vancouver, ultimately came up with a creative technique that is drawing praise

Light at the end of the tunnel for UN climate talks

Meeting in Katowice was meant to finalize how countries report their emissions of greenhouses gases

Gas prices to climb 11 cents overnight in Lower Mainland

Hike of 17 cents in less than 48 hours due to unexpected shutdown of Washington state pipeline

Janet Jackson, Def Leppard, Nicks join Rock Hall of Fame

Radiohead, the Cure, Roxy Music and the Zombies will also be ushered in at the 34th induction ceremony

Supreme Court affirms privacy rights for Canadians who share a computer

Section 8 of the Charter of Rights and Freedoms protects Canadians against unreasonable search and seizure

Most Read