By Chad Klassen

‘At whose expense?’: Kamloops lawyers feel ICBC changes are unfair to victims

Apr 3, 2019 | 2:25 PM

KAMLOOPS — Kamloops personal injury lawyers Joe Zak and Merv Sadden say anyone involved in a car accident from now on are worse off than they were last week. 

“It’s the victims now being asked to pay for this $1 billion debacle at ICBC and it’s not fair,” noted Zak. 

With ICBC limiting payouts to victims, they feel it puts people at a major disadvantage in their recovery. 

“The ability to bring a claim for fair compensation for your injuries are now severely restricted,” said Zak. “And that unfortunately is the current state of the law in British Columbia. 

Among the new rules that came into effect on Monday, ICBC is capping compensation for what it considers “minor” injuries at $5,500, all in the hope of saving $1 billion a year.

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“At whose expense?” asked Sadden. “That’s really where the rub comes in. By capping pain and suffering to $5,500 for this defined definition of ‘minor’ injury, that billion dollars is coming directly out of the pockets of victims of car accidents in B.C.”

ICBC claims there will be more benefits to victims, doubling the overall limit that can be claimed for medical care and expenses from $150,000 to $300,000. However, Zak says “minor” injuries from accidents now can include concussions, post-traumatic stress disorder, and other brain injuries. Zak doesn’t consider those ailments to be minor.

“People have great difficulty, whether with activities of daily living or returning to work as they once could without limitations, affecting their ability, their stamina, fatigue,” he noted. 

Zak adds that victims trying to fight for compensation will also be at a disadvantage with restricted timelines imposed by ICBC. 

Victims now have two months to submit receipts for medical care or rehabilitation expenses compared to the previous two-year timeline.

“The new amendments now bring in very strict timelines for which they have to comply. If an injured victim now does not comply with the strict timelines that are now imposed in terms of seeking assistance from their doctor or another qualified specialist, by default their injuries will be deemed ‘minor,’” said Zak. 

Another concerning aspect, which the Trial Lawyers Assocation of B.C. is currently challenging, is the reality that claims under $50,000 will no longer be heard in court, instead through the Civil Rights Tribual, which Zak notes mainly hears strata and land title cases. 

“The individuals who will now adjudicate a claim may not have any expertise in personal injury,” Zak said. “Essentially, an injured victim is now left to the whim of this tribunal.”

Both Zak and Sadden say it will take time for lawyers and victims to navigate the new amendments, but it won’t be until someone is personally in an accident until they’ll realize the unfair restrictions imposed by ICBC.