The Law Show – May 26: Motorcycle Safety, Underinsured Motorist Protection, and the New Minor Injury Cap.

 

Joe Murphy, Q.C., joined Jim Gordon for the May 26th episode of the Law Show. In this episode, they focused part of their discussion on motorcyclist safety. May is Motorcycle Safety Awareness Month, and Joe discussed the risks that come with riding a motorcycle. He noted that often motorcycle accidents can be fatal, due in part to the motorcyclist not being adequately protected. He suggested that all motorcyclists should wear riding boots, gloves, a jacket, and of course a helmet. For more motorcyclist safety tips, please visit our blog.

During their discussion, Joe also reviewed Underinsured Motorist Protection (UMP), which is coverage that ensures that the policyholder has access to insurance benefits in cases where they are injured by someone who does not have adequate insurance. Joe encourages drivers to review their UMP policy and consider increasing their coverage. For more insight into UMP, we encourage you to read this blog post.

Joe and Jim also addressed the new minor injury cap that came into effect on April 1st. BC’s government has imposed a $5,500 cap on compensation for pain and suffering payouts in the case of minor injuries. Joe expressed his concern that victims of accidents will not receive the compensation they deserve. Attorney General, David Eby, predicts that 80% of injuries in car accidents will now be considered minor injuries and caught by the minor injury cap. If someone is injured in a motor vehicle accident, and their injury is labeled as “minor,” their options for compensation are severely limited, and they no longer have the option to go to court if they disagree. Joe argues that replacing the right to go to court with a bureaucrat decision maker, who isn’t bound by the traditional rules of evidence, results in a system that doesn’t benefit the injured.  

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