August 3, 2018
The proposed cap on minor injury claims in BC continues to garner criticism from groups, including the Trial Lawyers Association of BC, who are concerned that the legislative changes favour the financial interests of ICBC over protecting innocent injury victims.
Additional issues of concern are the standard of review for Civil Resolution Tribunal (CRT) decisions regarding interpreting whether an injury is minor or not, and the government’s decision to include some psychiatric or psychological concerns under the rubric of “minor injury.” The TLABC is urging the government to consider a number of changes including narrowing the definition of minor injury, allowing recovery of out-of-pocket-expenses and increased judicial review of CRT decisions.
Scott Stanley pointed out the importance of having groups that focus on helping injured people recover provide their insights so that the public is made fully aware of how their rights will be affected should they need to use BC’s automobile insurance system. Scott also noted the impact of distracted driving on the volume of accidents and claims. His view is that the solution is to increase the focus on enforcement and education (much like the initiatives implemented to encourage the use of seat belts and address driving while intoxicated) to reduce the number of accidents and corresponding claims.
*This article was originally published by The Lawyer’s Daily (www.thelawyersdaily.ca), part of LexisNexis Canada Inc.