YOU AND THE LAW NEW RULES LIMIT CAR CRASH VICTIMS' ACCESS TO COURT You might have heard in the news that if you're hurt in a car crash in B.C. now, your ability to obtain compensation from the person at fault (or their insurer, typically ICBC) will be much different than April 1, 2019, an administrative body called the Civil Resolution Tribunal has the responsibility to determine whether your injury is a "minor injury under the criteria laid out in the legislation for victims of car crashes which occurred before This means that if a party to a claim, such as ICBC, simply claims your injuries are "minor injuries," and you disagree Civil Resolution Tribunal to get a decision on this April 1, 2019 The changes for accidents occurring on or after April 1 are so extensive they've been described in the press as a "generational shift to the B.C. car insurance regime or are unsure, you have to go to the matter The ruling of the Tribunal on this issue is final and binding. The only exception is that you have a limited right to judicial review (and the reasons a Court would allow this are quite narrow). The government has indicated that one of its principal motivations for the new web of rules is to save ICBC money. The Attorney General, who's also in charge of ICBC, has been quoted as saying: "We have three billion reasons it [auto insurance] should have been changed long ago." So, you may very well end up in the Civil Resolution Tribunal a body which operates online and hears claims based on written submissions One key change put in place to save ICBC money is the $5,500 cap on the amount a person can collect for pain and suffering This cap-and the broad definition of"minor injury -has already received a fair amount of publicity This is a significant change to an injured person's right to access our court system. These changes are designed to encourage an injured party to represent themselves when resorting to the Civil Resolution Tribunal process. If you are hurt in a car crash, seek out an experienced personal injury lawyer promptly to help protect your rights For example, the definition includes concussions and whiplash-associated disorders, unless the injuries are severe according to stringent, prescribed criteria This column provides information only and must not be relied on for legal advice. Please call Marvin Geekie at 250-861-5678 (for your free, no obligation, initial consultation) Bottom line: Hurt in an accident on April 1 or later? In British Columbia, you might be caught by this cap. Written by Janice and George Mucalov, LL.B.s with contribution by Marvin Geekie. "You and the Lau" is a registered trademark. OJanice and George Mucalov Another very significant new change hasn't gotten as much press. But it's also quite significant. Effective MARVIN GEEKIE DAVID YEREMA sw SalloumWatts Personal injury Law 200 1455 Ellis Street Kelowna, BC, V1Y 2A3 Ph: (250) 861-5678 ext.111 mgeekie@swylaw.com www.salloumwatts.com YOU AND THE LAW NEW RULES LIMIT CAR CRASH VICTIMS' ACCESS TO COURT You might have heard in the news that if you're hurt in a car crash in B.C. now, your ability to obtain compensation from the person at fault (or their insurer, typically ICBC) will be much different than April 1, 2019, an administrative body called the Civil Resolution Tribunal has the responsibility to determine whether your injury is a "minor injury under the criteria laid out in the legislation for victims of car crashes which occurred before This means that if a party to a claim, such as ICBC, simply claims your injuries are "minor injuries," and you disagree Civil Resolution Tribunal to get a decision on this April 1, 2019 The changes for accidents occurring on or after April 1 are so extensive they've been described in the press as a "generational shift to the B.C. car insurance regime or are unsure, you have to go to the matter The ruling of the Tribunal on this issue is final and binding. The only exception is that you have a limited right to judicial review (and the reasons a Court would allow this are quite narrow). The government has indicated that one of its principal motivations for the new web of rules is to save ICBC money. The Attorney General, who's also in charge of ICBC, has been quoted as saying: "We have three billion reasons it [auto insurance] should have been changed long ago." So, you may very well end up in the Civil Resolution Tribunal a body which operates online and hears claims based on written submissions One key change put in place to save ICBC money is the $5,500 cap on the amount a person can collect for pain and suffering This cap-and the broad definition of"minor injury -has already received a fair amount of publicity This is a significant change to an injured person's right to access our court system. These changes are designed to encourage an injured party to represent themselves when resorting to the Civil Resolution Tribunal process. If you are hurt in a car crash, seek out an experienced personal injury lawyer promptly to help protect your rights For example, the definition includes concussions and whiplash-associated disorders, unless the injuries are severe according to stringent, prescribed criteria This column provides information only and must not be relied on for legal advice. Please call Marvin Geekie at 250-861-5678 (for your free, no obligation, initial consultation) Bottom line: Hurt in an accident on April 1 or later? In British Columbia, you might be caught by this cap. Written by Janice and George Mucalov, LL.B.s with contribution by Marvin Geekie. "You and the Lau" is a registered trademark. OJanice and George Mucalov Another very significant new change hasn't gotten as much press. But it's also quite significant. Effective MARVIN GEEKIE DAVID YEREMA sw SalloumWatts Personal injury Law 200 1455 Ellis Street Kelowna, BC, V1Y 2A3 Ph: (250) 861-5678 ext.111 mgeekie@swylaw.com www.salloumwatts.com