Insurance claims and dealings are never fun to work around. In the event of an injury, it’s always a bit nerve-wracking to wait for the word from your insurance providers. This can be especially so in the case of motor vehicle accidents.
As of April 2019, the Insurance Corporation of British Columbia (ICBC) has placed a cap on what can be paid out for what constitutes as ‘minor injuries’ sustained in motor vehicle accidents. This essentially means that there is a limit that you could receive if the ICBC deems your injury ‘minor’.
Generally these minor injuries include relatively obvious examples, for instance:
- Cuts, scrapes, and bruises.
- Sprains and strains.
These minor injuries are typically not ones that would require the attention of medical professionals immediately. However, this new law could actually allow the ICBC to consider other injuries to be minor as well. Injuries such as:
- Jaw or facial injuries.
- Psychological conditions such as PTSD, anxiety, or emotional trauma from the accident.
- Continuous pain such as pain syndromes.
These injuries, while seemingly minor, could actually become debilitating rapidly. This is the cause of concern that many residents of B.C face every day immediately post automotive accidents. The fact that the ICBC could simply refuse or limit financial compensation for these injuries is rather scary.
The law also allows the ICBC to add other conditions and injuries to the list of ‘minor’ injuries whenever they see fit. The basic definition of a minor injury here is one that does not cause ‘significant impairment’ to your life or employment. However, the definitions of ‘significant impairment’ is rather vague.
If you received a notice that the ICBC labeled your injury as minor, and you feel it isn’t, then you may have to file an appeal to the Civil Resolution Tribunal. This may require you to present documentation showing how your injury has had an impact on you in your personal and professional life.
If you have any questions about these restrictions and what they mean to you, contact our team today. Our injury legal team can help you navigate the confusing and difficult landscape of ICBC payouts and your automotive injury. We can help get you the compensation that you deserve.